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'' • OOfeS^NOT CiRCUuMC 

PUBLIC RECORDS ^p'' 

OF THE 

COLONY OF CO?(NECTICUT/^ 

FROM MAY. 1744, TO NOVEMBER, 1750, INCLUSIVE. 



TRANSCRIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION OF THE 
GENERAL ASSEMBLY. 




By CHARLES J. HOADLY, 



STATE LIBRARIAN. 



HARTFORD: 
PRESS OF THE CASE, LOCKWOOD & BRAINARD CO. 

1876. 



DOES HOT 



CIRCULATE 



.^ 






PREFATORY NOTE. 



This volume contains the remainder of Volume VII. of the 
manuscript Records of the Colony of Connecticut, from page 222, 
together with the first fifty-one pages of Volume VIII., and covers 
the period from May, 1744, to the death of Governor Law and the 
election of Governor Wolcott, in November, 1750. 

In the Appendix will be found the Proceedings of the English 
Privy Council on the Appeals of Samuel Clark against Thomas 
Tousey and others, relative to the Law governing the Descent and 
Distribution of Intestate Estates, 1737-1745, and also Queries from 
the Board of Trade, with the Answers thereto, 1748-9. 

For the time covered by this publication neither the Journals 

of the Governor and Council, of the Committees of War, nor of 

either branch of the General Assembly, save that of the Lower 

House at the May session 1744, are now among the State archives. 

C. J. H. 
State Library, Hartford, 

December 28th, 1875. 



THE PUBLIC RECORDS 



OP THE 



COLONY OF CONNECTICUT. 

[Volume VII. , Page 222.] 

Anno Regni Regis Creorgii secundi decimo-septimo. 

Connecticutt ^ 
Colony. \ 

At a General Assembly holden at Hartford in his Maj- 
esty's English Colony op Connecticutt in New England 
IN America, on Thursday the 10th day of May, (and 
continued by several adjournments until the first 
day of june next following,) annoque domini 1744. 

Present : 
The Honourable Jonathan Law, Esq., Governor. 
The Honbie Roger Wolcott, Esq., Deputy Governor. 

James Wadsworth, Esq., ^ WiUiam Pitkin, Esq., ^ 

Nathaniel Stanly, Esq., | Tiiomas Fitch, Esq., 

Joseph Whiting, Esq., I Roger Newton, Esq., \Assist- 

Ozias Pitkin, Esq., f Ebenezer Silliman, Esq., ' ants. 

Timothy Pierce, Esq., j Jonathan Trurable, Esq., 

Samuel Lynde, Esq., ) John Bulkley, Esq., ^ 

Representatives or Deputies that attended at the Assembly are 
as fol/oiv, (viz :) 

Capt. John Marsh, Mr. Joseph Buckingham, for Hartford. 

Mr. Jeremiah Miller, Mr. Richard Durfey, for New London. 

Capt. Eleazer Carey, Colo. Jabez Huntington, for Windham. 

Capt.Theophilus Nickols, Colo. Edmund Lewiss, for Stratford. 

Colo. Jonath" Hoit, Capt. Jonath" Maltbey, for Stand ford. 

Mr. Asahel Strong, Capt. Hez^ Lee, for Farmingtown. 

Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron. 

Capt. Leicester Grosvenour, Mr. Timothy Sabin, for Pomfrett. 



2 PUBLIC RECORDS [May, 

Colo. William Preston, Mr, Noah Hinmaii, for Woodberry. 

Mr. Paul Welch, Mr. John Warner, for New Milford. 

Mr. John Humphrey, Mr. James Case, for Symsbury. 

Mr. James Benedict, Capt. Richard Olmstead, for Ridgefield. 

Mr. Thomas Benedict, Capt. Ebenezer Hickcox, for Danbury. 

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield. 

Mr. Jonathan Lane, Capt. Elnathan Stephens, for Killing- 
worth. 

Mr. John Hitchcock, Capt. Jonath" Allen, for New Haven. 

Major Andrew Burr, Mr. Thaddeus Burr, for Fairfield. 

Mr. Joshua Huntington, Colo. Hez'^ Huntington, for Norwich. 

Capt. Johii Fowler, Mr. Robert Treat, for Milford. 

Mr. Joseph Strong, Capt. Thomas Porter, for Coventry. 

Mr. Ebenezer West, Mr. Gershom Clark, for Lebanon. 

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury. 

Capt. Natli' Harrison, Mr. Jonathan Russell, for Brandford. 

Capt. Nath' Foot, Mr. Epapliras Lord, for Colchester. 

Mr. Samuel Riggs, Mr. Abell Gun, for Derby. 

Colo. Christopher Avery, Mr. John Ledyard, for Groton. 

Mr. Josiah Conant, Capt. Thomas Storrs, for Mansfield. 

Mr. Joseph Leavinze, Mr. Joseph Cadey, for Killingly. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 

Mr. Samuel Fitch, Mr. Thomas Benedict, for Norwalk. 

[223] Mr. Joseph Denison, Mr. Simeon Minor, for Stoning- 
town. 

Mr. Hezekiah Brainerd, for Haddam. 

Capt. John Mead, Mr. Jabez Mead, for Greenwich. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

Major Daniel Ely, Capt. Samuel Selden, for Lyme. 

Colo. Samuel Hill, Mr. Benjamin Hand, for Guilford. 

Major Jabez Hamlin, Capt. Thomas Johnson, for Midletown. 

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford. 

Capt. Roger Wolcott, Major Henry Allyn, for Windsor. 

Mr. Jolm Dixson, Mr. Charles Campbell, for Yoluntown. 

Mr. Steplien Horsmer, j^, for East Haddam. 

Mr. Samuel Morgan, Capt. Ebenezer Leonard, for Preston. 

Mr. Ebenezer Knowlton, Mr. James Watkins, for Ashford. 

Major Elihu Chauncey, Mr. Nathan Camp, for Durham. 

Mr. Jolni Crary, Capt. Thomas Stephens, for Plainfield. 

Mr. Jolin Southmaid, Capt. Samuel Heacocks, for Waterbury. 

Capt. Elizur Goodrich, Capt. Jonathan Belden, for Weathers- 
field. 

Major Andrew Burr, Speaker, ) of the House of Repre- 
Capt. John Fowler, Clerk, ) sentatives. 

This day being appointed by the royal charter and the laws 



1744.] OF CONNECTICUT. 3 

of this Colony for the election of the publick officers of the 
Colony, viz : Governor, Deputy Governor, Assistants, Treas- 
urer, and Secretary, — proclamation was made, and the free- 
men proceeded to bring- in their votes to persons appointed 
by the Governor, Council and Representatives, to receive, sort 
and count them ; (which persons were : Nathaniel Stanly, 
Esq., Timothy Pierce, Esq., Samuel Lynde, Esq., Wilham 
Pitkin, Esq., Thomas Pitch, Esq., Roger Newton, Esq., Eben- 
ezer Sillinian, Esq., Jonathan Trumble, Esq., John Bulkley, 
Esq., Mr. Joseph Buckingham, Major Jabez Hamlin, Colo. 
Benjamin Hall, Major Elihu Chauncey, Mr. John Ledyard, 
Mr. Joshua Huntington, Mr. Thaddeus Burr, Mr. Thomas 
Benedict, jun"", Mr. Gershqm Clark, and Capt. Thomas Storrs,) 
who were all sworn to a faithful discharge of that trust. 
And the freemen's votes being brought in, sorted and counted, 

The Honourable Jonathan Law, Esquire, was chosen Gov- 
ernor of this Colony for the year ensuing, and the Governor's 
oath, prescribed by the law of this Colony, and tlie oath re- 
quired by act of Parliament, relating to trade and naviga- 
tion, were administered to him by his Honour the Deputy 
Governour in the presence of the Assembly. 

The Hon^ie Roger VVolcott, Esq., was chosen Deputy Gov- 
ernor of this Colony for the year ensuing, and was sworn by 
his Honour the Governor, according to law, in the presence 
of the Assembly. 

James Wads worth, Esq. William Pitkin, Esq. 

Nathaniel Stanly, Esq. Tliomas Fitch, Esq. 

Joseph Whiting, Esq. Roger Newton, Esq. 

Ozias Pitkin, Esq. Ebenezer Silliman, Esq. 

Timothy Pierce, Esq. Jonathan Trumble, Esq. 

Samuel Lynde, Esq. John Bulkley, Esq. 

were chosen Assistants for the year ensuing, and had the 
Assistants' oath, provided by law, administered to them by his 
Honour, tlie Governor. 

[224] Colonel John Whiting was chosen Treasurer of this 
Colony for the year ensuing, and had the Treasurer's oath, pro- 
vided by law, administered to him by his Honour the Governor. 

George Wyllys was chosen Secretary of this Colony for the 
year ensuing, and had the Secretary's oath, provided by law, 
administered to him by his Honour the Governor in the pres- 
ence of the Assembly. 

This Assembly do appoint the Honourable Roger Wolcott, 
Esq., to be Chief Judge of the Superior Courts in this Colony 
the year ensuing. 

This Assembly do appoint James Wadsworth, Esq., Joseph 
Whiting, Esq., William Pitkin, Esq., and Ebenezer Silliman, 



4 PUBLIC RECORDS [May, 

Esq., to be Judges of the Superior Courts in this Colony the 
year ensuing. 

This Assembly do appoint William Pitkin, Esq., to be 
Judge of the County Courts in the county of Hartford the 
year ensuing. 

This Assembly do appoint Roger Newton, Esq., to be Judge 
of the County Courts in the county of New Haven for the 
year ensuing. 

This Assembly do appoint Samuel Lynde, Esq., to be Judge 
of the County Courts in the county of New London the year 
ensuing. 

This Assembly do appoint John Burr, Esq., to be Judge of 
the County Courts in the county of- Fairfield the year ensuing. 

This Assembly do appoint Timothy Pierce, Esq., to be 
Judge of the County Courts in the county of Windham the 
year ensuing. 

This Assembly do appoint Joseph Buckingham, Esq., to be 
Judge of the Court of Probate in the district of Hartford for 
[the] year ensuing. 

This Assembly do appoint Joseph Whiting, Esq., to be 
Judge of the Courts of Probate in the district of New Haven 
the year ensuing. 

This Assembly do appoint John Richards, Esq., to be Judge 
of the Courts of Probate in the district of New London the 
year ensuing. 

This Assembly do appoint John Burr, Esq., to be Judge of 
the Courts of Probate in the District of Fairfield the year 
ensuing. 

This Assembly do appoint Timothy Pierce, Esq., to be 
Judge of the Courts of Probate in the district of Windham 
tlie year ensuing. 

This Assembly do appoint Samuel Hill, Esq., to be Judge 
of the Courts of Probate in the district of Guilford the year 
ensuing. 

This Assembly do appoint Joseph Minor, Esq., to be Judge 
of the Court of Probate in the District of Woodberry the 
year ensuing. 

This Assembly do appoint Jonathan Hoit, Esq., to l)e 
Judge of the Court of Probate in the district of Standford the 
year ensuing. 

Tills Assembly do appoint John Bulkley, Esq., to be Judge 
of the Court of Probate in the district of East Haddam the 
year ensuing. 



1744.] OP CONNECTICUT. 5 

This Assembly do appoint Ebenezer Marsh, Esq., to be 
Judge of the Court of Probate in the district of Litchfield the 
year ensuing. 

This Assembly do appoint John Marsh, Thomas Welles, 
John Chester, Henry AUyn, Esqrs., to be Justices of the 
Peace and Quorum in and for the county of Hartford the 
year ensuing. 

[225] This Assembly do appoint Joseph Buckingham, 
George Wyllys, Joseph Talcott, Samuel Mather, Roger Wol- 
cott, jun^, David Goodrich, Jonathan Hale, John Hooker, 
William Wadsworth, Thomas Hart, John Hart, Giles Hall, 
Jabez Hamlin, Joseph White, Hezekiah Brainerd, Samuel 
Olmstead, Stephen Horsmer, jun^, Nathaniel Foot, Benjamin 
Skinner, Joseph Phelps, John Bissell, Samuel Chapman, 
Thomas Pitkin, Zebulon West, John Humphrey, Joseph 
Wilcox, John Buel, Ebenezer Marsh, David Whitney, John 
Beach, Timothy Hatch, Thomas Johnson, Epaphras Lord, 
Esqrs., to be Justices of the Peace in and for the county of 
Hartford the year ensuing. 

Ordered, That Samuel Lynde, Esq., and Capt. Jedadiah 
Chapman return the thanks of this Assembly to the Reverend 
Mr. William Worthington, for his sermon delivered before the 
Assembly on the 10th instant, and desire a copy thereof, that 
it may be printed. 

This Assembly do establish and confirm Mr. John Manning 
to be Captain of the second company or trainband in the 
town of Windham, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish Mr. Samuel Cook to be Lieu- 
tenant of the second company or trainband in the town of 
Windham, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Zebulon Webb 
to be Ensign of the second company or trainband in the town 
of Windham, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Curtiss 
to be Lieutenant of the third company or trainband in the 
town of Waterbury, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. John Warner 
to be Ensign of the third company or trainband in the town 
of Waterbury, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Hubbard 
to be Lieutenant of the 9th company or trainband in the 7tli 



6 PUBLIC RECORDS [May, 

regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Cornelius 
Knowles to be Captain of the company or trainband in the 
parish of Midle-Haddam, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Collins 
to be Ensign of the 9th company or trainband in tlie 7th reg- 
iment of this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Abraham Bart- 
lett to be Captain of the second company or trainband in the 
town of Durham, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Seaward to be Lieutenant of the second company or trainband 
in the town of Durham, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Adonijah 
Morris to be Ensign of the second company or trainband in 
the town of Durham, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Chap- 
man to be Captain of the company or trainband in the town 
of Ridgefield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Mathew 
Benedict to be Lieutenant of the company or trainband in the 
town of Ridgefield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Joseph Halley 
to be Ensign of the company or trainband in the town of 
Ridgefield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Lotlirop to be Lieutenant of the Troop in the 3d regiment in 
this Colony, and order that he be commissioned accordingly. 

[226] This Asembly do appoint Ebenezer West, Shubael 
Conant, Esqrs., to be Justices of the Peace and Quorum in 
and for the county of Windham the year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq., to be 
of the Quorum in the county of Windham the year ensuing. 

This Assembly do appoint Joseph Strong, Joseph Leavinze, 
Leicester Grosvenour, Peter Buel, Joseph Cadey, Thomas 
Storrs, John Crary, Ebenezer Dow, Joseph Fowler, Thomas 
Tiffany, John Dyer, Nathaniel Huntington, Ebenezer Gray, 



1744.] OF CONNECTICUT. 7 

Gershom Clark, Ebeuezer Holbrook, Joseph Palmer, John 
Fitch and Nathaniel Wales, jun"", Esqrs., to be Justices of the 
Peace in and for the county of Windham the year ensuing. 

This Assembly do appoint William Pitkin, Esq., Jonathan 
Trumble, Esq., Colo. Thomas Welles, Mr. Epaphras Lord, Mr. 
Robert Treat, Colo. Christopher Avery, Mr. Thomas Benedict 
and Capt. Gershom Clark, Auditors to audit the Treasurer's 
accounts with this Colony, and make report to the Assembly. 

This Assembly do appoint Mr. Ebenezer Lyman of Torring- 
ton to be a Justice of the Peace in and for the county of Hart- 
ford the year ensuing. 

This Assembly do establish and confirm Mr. Daniel St. 
John to be Lieutenant of the second company or trainband in 
the town of Norwalk, and order that he be commissioned 
accordingly. 

This Assembly do establish Mr. Elnathan Hanford to be 
Ensign of the second company or trainband in the town of 
Norwalk, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Samuel Hubbard 
Burdick to be Ensign of the 5th company or trainband in the 
town of Stoningtown, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel 
Sackett to be Captain of the 5th company or trainband in the 
town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Pier- 
pont to be Lieutenant of the 5th company or trainband in 
the town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. James Todd to 
be Ensign of the 5th company or trainband in the town of 
New Haven, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Merwin, 
jun"", to be Ensign of the company or trainband at the parish 
of Wilton, and order that he be commissioned accordingly. 

This Assembly do establish and confii-m Mr. Samuel Sher- 
wood to be Captain of the company or trainband at Greens- 
Farms in Fairfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Rumsey to be Lieutenant of the company or trainband in the 
town of Fairfield, at Greens-Farms, and order that he be . 
commissioned accordingly. 



8 PUBLIC RECORDS [May, 

This Assembly do establisli and confirm Mr. Thomas Nash 
to be Ensign of the company or trainband at Greens-Farms 
in the town of Fairfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Gershom Clark 
of Lebanon to be Captain of the first company or trainband 
in the town of Lebanon, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan Case 
to be Ensign yf the first company or trainband in the town 
of Lebanon, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Manoah Smith 
to be Ensign of the first company or trainband in the town of 
Glassenbury, and order that he be commissioned accordingly. 

[227] This Assembly do appoint Capt. Edward Bulkley 
to be a Justice of the Peace in and for the county of Hart- 
ford the year ensuing. 

An Act appointing a Court of Probate in the County of Fairfield, and 
for Limiting the District thereof. 

Be it enacted hy the Grovernor, Council and Mepresentatives 
in Greneral Court Assefnhled, and by the authority of the same, 
That the towns of Danbury, Newtown and New Fairfield, all 
in the county of Fairfield, be one entire district for holding a 
court of probate, and shall be known by the name of the Dis- 
trict of Danbury; and said court shall be held by one judge 
and a clerk, with powers and privileges as the other courts 
of probate in this Colony have ; and in all cases where the 
law allows of appeals, they shall be made to the superior court 
to be holden at Fairfield. 

An Act for advancing- the Fare of the Ferry over Stratford River at 
Potatuck, called Hubbel's Ferry. 

Resolved hy this Assembly, That the fare of said ferry for 
the future shall be, for man, horse and load, three pence 
lawful money, or twelve pence old tenour ; for each single 
person, horse, ox or other neat cattle, two pence, lawful 
money, or eight pence old tenour ; and one penny lawful 
money, or four pence old tenour, for eacli sheep or swine. 

This Assembly do establish and confirm Mr. John Starr 
to be Ensign of the second company or trainband in the town 
of Danbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. George Hol- 
loway to be Captain of the company or trainband in tlie town 
of Cornwall, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Rob- 
erts to be Lieutenant of the company or trainband in the town 
of Cornwall, and order that he be commissioned accordingly. 



1744.] OF CONNECTICUT. 9 

This Assembly do establish and confirm Mr. Nehemiali 
Messeno-er to be Ensign of tlio company or trainband in the 
town of Cornwall, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Joseph Wors- 
ter to lie Captain of the Troop of Horse in the 4th regiment 
in this Colony, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Hezekiah 
Treadwell to be Lientenant of the Troop of Horse in the 4th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. William Hill 
to be Cornet of the Troop of Horse in the 4th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establisli and confirm Mr. Joshua Al)ell 
to be Lieutenant of the second company or trainband in the 
town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Ebenezer 
Weed to be Lieutenant of the second company or trainband 
in the town of Standford, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Nathaniel Webb 
to be Ensign of the 2d company or trainband in the town of 
Standford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Siind- 
ford to be Captain of the first company or trainband in the 
town [of] Litchfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Kil- 
bonrn to be Lientenant of the first company or trainband in 
the town of Litchfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Supply Strong 
to be Ensign of the first company or trainband in the town of 
Litchfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jacob Loomiss 
to be Captain of the south company or trainband in the town 
of Colchester, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Azariah 



10 PUBLIC RECORDS [May, 

Loomiss to be Lieutenant of the south company or trainband 
in the town of Colchester, and order that he be commissioned 
accordingly. 

[228] This Assembly do establish and colifirm Mr. John 
Kesson to be Ensign of the north company or trainband in 
the town of Voluntown, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Edward Phelps 
to be Captain of the second company or trainband in the 
town of Litchfield, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Benjamin 
Webster to be Lieutenant of the second company or trainband 
in the town of Litchfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Pygan Addams 
to be Ca])tain of the second company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Colefox 
to be Lieutenant of the second company or trainband in the 
town of New London, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel Green 
2d to be Ensign of the 2d company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly' do establish and confirm Mr. David Bissell 
to be Ensign of the north company or trainband on the east 
side of the great river in the town of Windsor, and order 
that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Enno 
to be Captain of the first company or trainband in the town 
of Windsor, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Phelps 
to be Lieutenant of the first company or trainljaud in the 
town of Windsor, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Hemp- 
stead to be Lieutenant of the first company or trainband in 
the town of New London, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Starr 



1744.] OF CONNECTICUT. 11 

to be Ensign of the first company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Cook to 
be Captain of the first company or trainband in the town of 
Hartford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Good- 
win to be Lieutenant of the first company or trainband in the 
town of Hartford, and order that he be commissioned accord- 
ingly. 

This Assembly dcf establish and confirm Mr. Richard Good- 
man to be Ensign of the first company or trainband in the 
town of Hartford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Fennel Child 
to be Lieutenant of the 2d company or trainband in' the town 
of Killingly, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Edward Con- 
vers to be Ensign of the 2d company or trainband in the town 
of Killingly, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Gideon Good- 
rich to be Captain of the 3d company or trainband in the 
town of Weathersfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Warner 
to be Lieutenant of the 3d company or trainband in the town 
of Weathersfield, and order that he be commissioned accord- 
ingly. 

This Assembly do appoint Mr. Daniel Edwards, to prose- 
cute and implead before this Assembly Benjamin Pumroy of 
Hebron, clerk, upon two informations exhibited against said 
Pumroy by the King's attorney in the county of New Haven 
to this Assembly in their sessions at said New Haven in 
October last, or on any other matters that shall be objected 
against said Pumroy on his Majesty's behalf. 

Upon the memorial of Joseph Judson of Woodberry, pray- 
ing to this Assembly that his son Nathan Judson, of Wood- 
berry, may be released from putting in of his head into the 
list for the future : Granted by this Assembly, that the said 
Nathan Judson shall, and is for the future hereby released 
from putting in his head into the publick list of this Colony. 

[229] Upon the memorial of John Turner jun"", of Hart- 
ford, praying to this Assembly to be discharged of paying 
rates for his head : Resolved by this Assembly, that the said 



12 PUBLIC RECORDS [May, 

John Turner jun"". is hereby released and discharged of pay- 
ing rates for liis head. 

Upon the petition of Thomas Moore of Windsor, shewing 
to this Assembly that one Caleb Phelps of Windsor did take 
out an execution on the 15th day of Novemlier last, on a 
judgment of the county court held .at Hartford on the first 
Tuesday of November last, against John Soper of Windsor, 
for the sum of twelve pounds four shillings and ten pence 
debt and cost, lawful money, whicli execution, soon after, was 
by said Phelps delivered to the petitioner, as he was one of 
the constables of Windsor, to levy on S9,id Soper : but, by 
some means unknown, said execution was utterly lost before 
the same was ever levyed, nor has anything ever been re- 
ceived of the said Soper in satisfaction of said judgment or 
any part thereof, and thereby the petitioner is exposed utterly 
to lose said money, &c. ; and thereupon praying that the 
petitioner may be allowed to take out another execution on 
said judgment against said Soper, &g. : Whereupon it is 
resolved by this Assembly, that the execution taken out by 
Caleb Phelps on said judgment, on the 15th of said Novem- 
ber, and now supposed to be lost, shall be void, and the same 
is hereby declared to be null and void, and that the petitioner 
be allowed to take out another execution on the judgment of 
the said county court, &g. 

On the memorial of the inhabitants of Torrington in Hart- 
ford county, praying for a tax on those lands in said town 
which were taxed by this Assembly for the support of the 
gospel ministry in said town, at their sessions in October, 1740, 
to continue for the space of three years then next : Resolved 
by this Assembly, that all those lands in said Torrington, 
that have been taxed as aforesaid, shall be taxed at three 
pence per acre old tenour currency, to be paid annually for 
the. space of four years, to be computed from the last day of 
October, 1743 ; and the same to be collected by such collect- 
ors as said inhabitants shall choose for that purpose ; and the 
same to be improved for the support of the gospel ministry 
in said Torrington. 

Upon the memorial of the ancient or prime society in 
Woodberry, praying to this Assembly to appoint a committee 
to affix a place in said society whereon to build a meeting- 
house : Resolved by this Assembly, that Colo. Benjamin 
Hall, Mr. John Southmaid and Capt. Samuel Hickcox, be a 
committee to repair to said society, view their circumstances, 
and hear the parties fully on the premises, and affix a place 
for the inhabitants to build a meeting house upon, and make 
report to this Assembly in October next. 



1Y44.] OF CONNECTICUT. 13 

Upon the memorial of John Grey and Elizabeth Grey, 
executors of tlie last will and testament of Natlianiel Grey, 
late of Fairfield, deceased, praying to this Assembly for liberty 
to sell so much of the deceased's lands as will pay the sum of 
eighty-eight pounds two shillings and ten pence in bills of 
credit old tenour, with the necessary charges arising thereon : 
Resolved by this Assembly, that the said executors be im- 
powered, and they are hereby impowered and authorized, to 
sell so much of the deceased Nathaniel Gray's land as will 
pay the sum of eighty-eight pounds two shillings and ten 
pence in bills of credit old tenour, and the necessary charges 
arising thereon, taking the advice of tlie court of probate in 
the district of Fairfield. 

On the memorial of Ebenezer Barnes and otliers, inhabit- 
ants of that tract of land in Farmingtown called the Second, 
Third, Fourth, Fifth and Sixth Divisions, lying west of the 
Reserved Lands, (so called,) praying to be formed into a 
distinct ecclesiastical society, as per their memorial on file 
appears : Resolved by this Assembly, that the memorialists 
shall, and are hereby made a distinct ecclesiastical society, 
with the limits of five miles square of the second, third, 
fourth, fifth and sixth divisions, lying west of the reserved 
lands in Farmingtown, beginning at the northwest corner of 
the parish of Southington at Waterbury line, from thence 
north with said line five miles, and from thence eastward five 
miles to the highway dividing the first and second tier of lots 
in said divisioiis, and from thence southward five miles, and 
from thence westward five miles to the northwest corner of 
Southington ; and are hereby vested with the same jjowers 
and privileges as distinct ecclesiastical societies in this Colony 
by law are invested with, and be called and known by the 
name of New Cambridge.* 

On the memorial of Samuel Clark of Symsbury, praying 
this Assembly to free him, the said Clark, Irom paying rates 
for his head : Resolved by this Assembly, that the said 
Samuel Clark be discharged, and he is hereby discharged, 
from paying any rate whatsoever for his head for the future. 

[230] Upon the memorial of the inhabitants of Goshen, 
praying for a tax to be raised on tlie lands that are already 
laid out and the lands that are granted to be laid out in 
said Goshen : Resolved by this Assembly, that all the lands 
already laid out in said Goshen, and those lands that are 
granted to be laid out, be taxed at two pence per acre old 
tenour money yearly, for the space of four years next ensuing, 

*Now Bristol. 



14 PUBLIC RECORDS [May, 

exclusive of the college farm, the minister's right and the 
parsonage right ; and the money raised by the said tax to 
be improved for the support of the gospel ministry in said 
Goshen according to the established way of this Colony. And 
the said town are hereby inijDOwered to choose collectors from 
year to year, to collect said tax money ; and the said collectors 
shall be under the same regulation, and have the same power, 
as town collectors are under and have by the laws of this 
Colony. 

Upon the memorial of Caleb Peckham of Hhoad Island, 
&c., mason, administrator on the goods, debts, rights and 
credits of Robert Peckliam, late of Newport, deceased, shew- 
ing to this Assembly that the said Robert's estate in said 
government is not sufficient to pay said Robert's debts by 
<£136 -Is. 9-hd- old tenour, and there being in the township of 
Kent, in the Colony of Connecticut, one hundred acres of 
land of the said Robert's estate, praying this Assembly would 
order that so much of said deceased's land, aforesaid, might 
be sold to pay the sum of X136 4s. 9^d. old tenour, with the 
necessary charges arising on the sale thereof: This Assem- 
bly grants liberty to the said Caleb Peckham, to sell so much 
of the lands belonging to the said Robert Peckham's estate, 
in the township of Kent aforesaid, as will be sufficient to pay 
the sum of one hundred and thirty-six pounds four shillings 
and nine pence half-penny old tenour, with the necessary 
charges arising thereon, taking the advice of the court of 
probate in the district of Litchfield therein. 
■ Upon the memorial of Jonathan Trumble, William Buel, 
Eunice Porter and Peter Buel, administrators on the estate 
of Nathaniel Porter late of Lebanon, deceased, shewing to 
this Assembly that the debts due from said estate do sur- 
mount the personal estate of the said deceased the sum of 
£1150 10.9. Od. in old tenour bills, and praying this Assembly 
to grant liberty to sell so much of the real estate of the said 
deceased as shall be sufficient for the payment of said debts, 
(fee. : This Assembly grants liberty to the said administrators, 
to make sale of so much of the lands of said deceased as 
shall be sufficient for the payment of the said debts with the 
necessary charges arising tliereon, taking the direction of the 
court of pro'oate in the district of Windham. 

Upon the memorial of Jonah Smith and Thomas Smith, 
both of Ridgelield, praying that Isaac Smith and David Smith, 
sons of Thomas Smith late of said Ridgelield, deceased, by 
reason of natural disability, l)cing both deaf and dumb, may 
be exemi)ted from being rated for their polls : Resolved by 



1744.] OP CONNECTICUT. 15 

this Assembly, that Isaac Smith and David Smith, sons of 
Thomas Smith late of Ridgcfield, deceased, shall, and are 
hereby exempted and released from being rated for their polls 
in the publick list for the future. 

Resolveo^ hy this Assembly, That the Secretary of this 
Colony be desired to sort, date and file in pi-oper order, all 
the ancient papers that now lye in disorder and unfiled in his 
office, before the sessions of this Assembly in October next; 
and that he receive, as a reward for his service, the sum of 
five pounds lawful money out of the publick treasury of this 
Colony. 

On the petition of Anne Winthrop of New London, as she 
is attorney to her husband John Winthrop, Esq"", of said New 
London, now residing in London in Great Britain, vs. John 
Richards, Esqi", of New London, and Margaret Douglass and 
William Douglass, executors of the last will and testament of 
Richard Douglass late of New London, deceased : The ques- 
tion was put, whether the pleas offered in abatement of the 
said petition are sufficient : Resolved by this Assembly in 
the affirmative. And upon the motion of the petitioner for 
liberty to amend the petition, &c. : The question was put, 
whether the petitioner should have liberty to amend the peti- 
tion : Resolved by the Assembly in the negative. 

[231] On the petition of Samuel Penoyr of Stanford in 
the county of Fairfield vs. Gerrardus Drake of Mamorineck 
in the county of West Chester and Province of New York, 
on file : The question was put, whether the matters alledged 
and contained in the said petition are sufficient to support the 
prayer thereof: Resolved by this Assembly in the negative. 

Cost allowed respondent is XI Is. ^d. Ex. granted June Xst., 
1744. 

Upon the memorial of Daniel Chapman and Richard Osborn 
of Ridgefield, administrators on the estate of Peter Cooley 
late of Ridgefield, deceased, with his will annexed, shewing 
that the debts due from said estate surmount the personal 
estate the sum of fifty-two pounds ten shillings and five pence 
more than what was allowed by this Assembly last October, 
and praying for liberty and authority to sell so much of the 
real estate of said deceased as will be sufficient to answer the 
same with tlie charges arising thereon: Resolved by this 
Assembly, that the memorialists have liberty to sell so much 
of the real estate of said deceased as will be sufficient to 
answer the said sum of fifty-two pounds ten shillings and five 
pence old tenour with tlie cliarges arising thereon ; and the 
memorialists are hereby authorized and substituted to make 



IG PUBLIC RECORDS [May, 

sale of the said real estate for tlie purpose aforesaid, taking 
the direction of the court of proljate in and for the district of 
Standford therein. 

On the memorial of Roxl)nry parish in Woodberry, praying 
for a committee to affix a place whereon to build, a meeting 
house in said parish : Resolved by this Assembly, that Colo. 
Benjamin Hall of Wallingford, Mr. John Southmaid and Capt. 
Samuel Hick cox, both of Waterbury, be a committee to re- 
pair to said parish of Roxberry, to view said parish and affix 
the place therein for the inhabitants of said parish to build a 
meeting house upon, and make report of their doings in the 
premises to the General Assembly in October next. 

The Additions to the Lists of Estate of the several To-wns in this 

Government hereafter mentioned, sent in to this 

Assembly, are as follow, (viz :) 

Fourfold Assessments. 





Single 


Adda 


ions. 




£ 


s. 


d. 


To Symsbury, 


692 


7 





To Stoningtown, 


945 


18 


3 


To Windsor, 


1719 


16 


7 


To New London, 


2454 


10 





To Colchester, 








To Killingsworth 


, 292 


2 


4 


To Haddam, 


171 


18 





To New Milford, 


203 


3 


9 


To Groton, 


874 


11 


6 


To Mansfield. 


268 


12 





To Milford, 


612 


6 


3 


To Weatliersfield 


, 849 


5 


3 


To Derby, 


18 








To Ash ford, 


354 


16 





To Brandford, 


212 


18 


3 


To Lyme, 


1422 


7 





To Guilford, 


223 


19 





To Coventry, 


220 








To Woodberry, 


105 


2 





To Greenwich, 


1709 


16 


9 


To Ridgefield, 


87 


3 





To Plaiufield, 


688 


6 


2 


To Hebron, 


334 








To Pomfrett, 


369 








To New Haven, 


1833 


10 


9 


To Windham, 


750 


9 


6 


To Killingly, 


608 








To Le!,anon, 


919 


5 





To Norwalk, 


416 


12 


9 



£ 


s. 


d. 


301 


18 





6013 


5 





620 








350 


10 





14 


8 





818 


8 





120 








147 


6 


6 


158 









144 8 

893 18 
29 12 



424 
690 12 



177 








1286 


4 





250 


6 






1744.] 


OF 


CONNECTICUT 


To Norwich, 


151 


7 


6 


To Preston, 


646 


4 


5 - 


To Stratford, 


216 


12 





To Sajbrook, 


506 


18 


- 


To Fairfield, 


1287 


10 





To Standford, 


4063 


5 


5 - 


To Farmingtown. 


, 298 


5 





To Hartford, 


289 


•8 


- 


To Glasseubury, 


56 


18 






17 

767 7 6 
73 12 



1197 


18 





333 


16 





150 


16 






[232] This Assembly do establish and confirm Mr. Rufus 
Minor to be Captain of the Troop in the 8th regiment in this 
Colony, and order that he be commissioned accordingly. 

This Assembly do estal)lish and confirm Mr. Roger Billings 
to be Lieutenant of the Troop in the 8th regiment in this 
Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Wals- 
worth to be Cornet of the Troop in the 8th regiment in this 
Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Elijah Stanton 
to be Quarter-Master of the Troop in the 8th regiment in this 
Colony, and order that he be commissioned accordingly. 

Whereas this Assembly is informed that there is a certain 
tract of land lying within the bounds of this Colony on the 
west side of Ousatunuck River, lying withiil the following 
bounds, (yiz:^ said river on the east, Sharon on the north. 
New Fairfield on the south, adjoyning on the west to the 
dividing line between the Province of New York and this 
Colony, on which tract some persons are entered and others 
said to be claimers of some part, having derived no title 
thereunto by or under this Colony, 

Resolved hy this Assembly^ That Colo. Joseph Minor and 
Colo. William Preston be a committee, in the behalf and at 
the cost of this Colony, to view said tract of land, examine 
the rights or pretensions of the claimers and those that have 
entered thereon, and make report of what they find and the 
circumstances respecting the same to the General Assembly 
in October next. 

Upon the petition of Jerusha Worster of Derby, adversus 
Jeremiah Way man of said Derby, shewing to this Assembly 
that the said Wayman obtained a writing in form of a deed 
purporting a conveyance of all the petitioner's lands in said 
Derby, which bears date the first day of Marcli, A.D. 174f, 
and is under the hand and seal of the petitioner, which the 
said Jeremiah Wayman, by taking advantage of the peti- 



18 PUBLIC RECORDS [May, 

tioner's incapacity, who at that time appears to have been won 
compos mentis, obtained by fraud and deceit, without any con- 
sideration given or secured therefor ; and thereupon praying 
for relief in the premises : Resolved by this Assembly, that 
the said writing, being obtained as aforesaid, is and ought to 
be declared void, and the same is hereby declared to be void 
and not the act and deed of the petitioner ; and therefore it 
is hereby enacted and declared, that the said writing shall 
not be pleaded nor given in evidence in any court in this 
Colony in any action or process had or that shall hereafter be 
had, moved or depending, of or concerning any of the lands 
or real estate mentioned or described in the said writing. 

Upon the petition of John Calkins, of Sharon in the county 
of New Haven, representing to this Assembly that one John 
Leach, of Woodberry in Fairfield county, bro't his action upon 
book-debt against the petitioner to Fairfield county court, 
demanding eleven pounds six shillings lawful money, by a 
writ dated the 22d day of June, 1744,* in which action 
judgment went against the petitioner upon default, at the 
adjourned county court held in Fairfield on the first Tuesday 
of January last, and that through the accidental mistake and 
misunderstanding of the petitioner's attorney, and the intelli- 
gence given to the petitioner, when the said Leach ought not 
to have one penny of the petitioner, had he the opportunity 
of defending himself; praying for a new tryal of said case: 
Resolved by this Assembly, that the aforesaid judgment be 
reversed, and the same is hereby reversed, and the petitioner 
have a tryal of said case at the county court to be held at 
Fairfield in and for the county of Fairfield, on tlie third 
Tuesday of November next, and that the future cost follow 
the said tryal. 

An Act for advancing the ToU or Fare of the Bridge that crosses the 
River in Symsbury. 

Resolved hy this Asseynbly, That, for the future, the toll or 
fare of said bridge shall be, for each single person, one half 
penny lawful money, or two pence in old tenour bills ; and 
for each man, horse and load, one penny lawful money, or 
four pence in old tenour bills ; and for each team, three 
pence lawful money, or twelve pence in old tenour bills ; and 
for cattle, one half-penny per head in lawful money, or two 
pence in old tenour bills. 

[233] Whereas this Assembly is informed that the naval 
officers in this Colony have paid to the Treasurer of this 
Colony divers sums of money collected by them for impost 
on rum since the first of May, A.D. 1737, and hav6 taken 

*Sic. 1743? 



1744.] OF CONNECTICUT. 19 

the Treasurer's receipts therefor annually, but liave never 
lodged the same witli the Secretary, whereby no account is 
brought against the Treasurer in the several audits since that 
time : Resolved by this Assembly, that tlie present naval 
officers, and the naval officers for the time being, lodge the 
receipts which they have taken, and from time to time shall 
take, of the Treasurer, for the said impost, in the hands of 
the Secretary of this Colony, wlio is hereby directed to give 
his receipt therefor when desired. 

Upon the memorial of Martha Comestock, &c., of New 
London in the county of New London, administratrix on the 
estate of Peter Comstock of said New London, deceased, 
representing to this Assembly that the debts due from the 
estate of said Peter Comestock and paid by said administra- 
trix, and also sundry debts still due, together with some losses 
on said estate and necessaries set out unto the widow, charge 
of administration, with some allowances for extraordinary 
charge in nurturing her small children, all which amounting 
to the sum of X'218 lis. 6d., and that the inventoried move- 
able estate of said deceased amounts in the whole to the sum of 
£82 ils. 6d., so that the debts and allowances aforesaid exceed 
tbe moveable estate the sum of X136 O.s. Od. old tenour : 
Whereupon it is resolved by this Assembly, tbat the said 
Martha Comestock and John Comestock, of said New Lon- 
don, are hereby authorized and impowered to sell so much of 
the lands of the said deceased as shall be sufficient to pay 
the said sum of X136 Os. Od. old tenour, and all necessary 
charges arising thereby, taking the advice of the court of 
probate for tbe district of New London. 

Upon the memorial of Nathaniel Green, Joseph Peck and 
others, inhabitants of the town of Cornwall, praying this 
Assembly for a tax upon the land of said township, to defray 
the ministerial charges and building a meeting house in said 
town : This Assembly grants and orders a tax of four pence, 
old currency, per acre upon three hundred acres of each 
right in said township laid out or agreed to be laid out, and 
that the same tax to begin on the first day of July next and 
be collected by Mr. Matthew Millard of said Cornwall, and 
improved for the defraying the ministerial charges and build- 
ing a meeting house in said town. 

This Assembly do appoint Colo. Samuel Hill, Colo. Benja- 
min Hall, Mr. John Southmaid and Capfc. John Fowler, to be 
Justices of the Peace and Quorum in and for the county of 
New Haven for the year ensuing. 

This Assembly do appoint Samuel Bishop, Isaac Dickerman, 



20 PUBLIC RECORDS [May, 

John Hubbard, Samuel Gun, Robert Treat, Theopliilus Yale, 
Samuel Hall, Elihu Hall, John Riggs, Samuel Bassett, John 
Russell, William Gould, Jonathan Russell, Andrew Ward, 
Benjamin Hand, Samuel Hopson, Elihu Cliauncey, Samuel 
Hickcox, Roger Brown son, Samuel Canfield, Nathaniel Bost- 
wick, John Woodward, Samuel Riggs, Samuel Hutchinson, 
Esq''^ to be Justices of the Peace in and for the county of 
New Haven the year ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", Judge 
of the Court of Probate in and for. the district of Danbury 
the year ensuing. 

Whereas the Reverend Mr. John Owen of Groton, pastor 
of the church of Christ in the first society in said town, was 
brought before this Court by virtue of a precept issued out by 
order of this Assembly in October last, to answer to sundry 
matters alledged against him, relating to his defamatory and 
invective speeches against the laws and authority of this 
government : And whereas, the said Mr. John Owen, person- 
ally appearing, presented to this Assembly a confession under 
his hand, asking pardon for what he had done amiss, and 
promising to teach and yield due obedience to the authority 
and laws of this government for the time to come : There- 
fore, this Assembly, taking into consideration the reflections 
the said Mr. John Owen hath made upon himself, and con- 
sidering the circumstances of the said Mr. Owen and the 
difficulty of the times, do charitably hope the said defamatory 
and invective speeches proceeded rather from a misguided 
conscience and over-heated zeal than from contempt of the 
[234] laws and authority of this government, and hoping 
he will walk more orderly for the time to come, and being 
willing to shew all tenderness to tbe said Mr. John Owen, 
considering his character and circumstances, do accept of 
the said confession, and thereupon order that he be dismissed, 
paying the cost of his prosecution, which is the sum of 
£4 lis. 6d. lawful money. 

Upon the representation made to this Assembly by Jedadiah 
Chapman, Samuel Morgan and Joseph Bird, members of the 
House of Representatives in this Assembly, informing this 
Assembly that, on the 22d day of May instant, at Hartford 
in the county of Hartford, William Leet, of Guilford in the 
county of New Haven, did then and there, in the hearing of 
the said informers and others, speaking of the General Assem- 
bly, utter and publish the following words, (viz:) I don't know 
who you be, I don't know but you are members of the Assem- 
bly. If you be, 1 don't care. If I can't answer them by 



1744.] OF CONNECTICUT. 21 

ballarag, I can by small sword. And also then and there 
said unto Joseph Bird, knowing him to be one of the said 
•House of Representatives, You are a lying, scounderling, 
ill-bred fellow, meaning the said Bird : Resolved by this 
Assembly, that the Secretary of this Colony shall issue forth 
a warrant forthwith, to apprehend the said William Leet and 
bring him before this Assembly, to answer to the foremen- 
tioned complaint and to be thereon dealt with as this Assembly 
shall order. 

This Assembly do appoint Edmund Lewiss, Andrew Burr, 
John Thompson, Jonathan Hoit, William Preston, Esqr% to 
be Justices of the Peace and Quorum in and for the county 
of Fairfield the year ensuing. 

This Assembly do appoint John Burr, Joseph Minor, 
Samuel Hanford, Samuel Hoit, Jonathan Maltbie, Nathaniel 
Peck, Ebenezer Mead, James Lockwood, John Betts, Benja- 
min Hickcox, James Benedict, Ebenezer Smith, James Beebe, 
Thomas Benedict, Job Sherman, Noah Hinman, Joseph Black- 
leach, Theophilus Nickols, Robert Walker, Samuel Addams, 
John Read, Samuel Sherwood, Thaddeus Burr, Thomas Tou- 
sey, Ebenezer Stephens and Richard Olmstead, Esq""', to be 
Justices of the Peace in and for the county of Fairfield the 
year ensuing. 

Upon the memorial of Zeliulon West, of Tolland, and 
Sarah his wife, shewing to tliis Assembly, that the debts 
and charges due from the estate of Mr. David Slueman, 
late of Lebanon, deceased, surmount the personal estate 
of said deceased the sum of X245 7s. '2d. old tenour, and 
that the real estate of said David* Slueman amounts to the 
sum of X950 Os. Qd. old tenour; praying to this Assem- 
bly for liberty to sell so much of the said Slueman's lands 
as will pay the said sum of £245 7s. 2^., together with 
the necessary charges arising thereon : Resolved by this 
Assembly, that the said Zebulon West and Sarah West liave 
liberty to sell, and they are hereby impowered to sell, so much 
of the said David Slueman's lands as will amount to the sum 
of <£245 7s. 'Id. old tenour, with the necessary charges arising 
thereon, taking the direction of the court of probate in the 
district of Windham therein. 

Upon the memorial of Benjamin Wetmore, jr., Josiah Wet- 
more, jun"", and others, members of the first society in Midle- 
town living in the most southerly part of said society, repre- 
senting to tliis Assembly that tbey live so far from the stated 
place of publick divine worship in said society that they can- 
not conveniently attend, and that the said society are able 



22 PUBLIC RECORDS [May, 

without the memoriaHsts to support the ministerial charges, 
and that the memorialists are able among themselves to sup- 
port the charges of that nature ; praying that they may be a 
distinct ecclesiastical society with certain bounds and limits 
as set forth in said memorial, and that a committee may be 
appointed to repair witbin said limits and view the circum- 
stances of the memorialists, in respect to their being a dis- 
tinct ecclesiastical society, and make report of what they 
find, and their opinion thereon, to this Assembly in October 
next: Resolved by this Assembly, that Major Elihu Chauncey, 
Mr. Hezekiah Brainerd and Capt. Edward Bulkley, be a com- 
mittee to repair to said place and view the circumstances of 
the memorialists in respect to their being a distinct ecclesias- 
tical society, and make report thereof to this Assembly in 
October next, at the cost of the memorialists. 

[235] Upon the memorial of Martha Tubbs, of Lyme in 
the county of New London, the wife of Isaac Tubbs of said 
Lyme, shewing to this Assembly that about sixteen years ago 
her said husband was seized with distraction, under which he 
still remains, and that the use of his estate hath been almost 
wholly improved for his support, and that she is reduced to 
great straits and difficulties to live, and that since his said dis- 
traction she hath had laid out to her about six acres of wild 
land which is, as it lyes, altogether unprofitable ; and praying 
that some proper person may be impowered to sell said land, 
and see that the money is disposed of to her use : Resolved 
by this Assembly, that Capt. John Lee, of said Lyme, be 
appointed and impowered with the said Martha Tubbs, to sell 
said land at their best discretion ; and the said Lee is hereby 
directed to take effectual care that the money procured by the 
sale thereof be improved to the best advantage of the said 
Mary Tubbs. 

Upon the memorial of Samuel Willard of Saybrook, ad- 
ministrator on the estate of Zachariah Sanford late of said 
Saybrook, deceased, shewing to this Assembly that the debts 
due from said estate surmount the personal estate the sum of 
twenty-three pounds one shilling and ten pence old tenonr, 
and praying for liberty to sell so much of the lands of said 
deceased as will amount to the said sum with the necessary 
charges of selling the same : This Assembly grants liberty 
to the said Samuel Willard, to sell so much of the lands of 
the said deceased as will amount to the sum of <£23 Is. lOd. 
with the necessary charges arising thereon, taking the advice 
of the court of probate in the district of Guilford therein. 

Upon the petition of Seth Payn of Stafford in said county, 



1744.] OF CONNECTICUT. 23 

representing to this Assembly that on the 7tli of August, 
1734, he was ordained and settled in the gospel ministry in 
said town, and therein continued for sundry years, (viz:^ the 
24th of July, 1740, during which time the inhabitants of 
said Stafford had agreed to allow him as his salary the sum 
of one hundred pounds per annum, to be paid equivalent to 
silver at twenty shillings per ounce, and also thirty cords of 
wood a year; and that they, the said inhabitants, were a 
great sum in arrear to him for his continuance in said work 
amongst them during the term aforesaid and relief in the 
premises, as at large in his petition on file, dated April 20th, 
1744, doth appear: Resolved by this Assembly, that a com- 
mittee be appointed, and Colo. Jonathan Trumble, Esq"", of 
Lebanon, and Colo. John Chester, of Weathersfield, and Mr. 
James Church, of Hartford, are hereby appointed and im- 
powered to be a committee to enquire into the matters set 
forth in said petition, by hearing and examining the parties 
and other witnesses, under oath or otherwise, and any other 
evidence by them to be produced, and thereupon of what they 
on such enquiry shall find just and equitable to make their 
report to the General Assembly to be holden at New Haven 
in October next. 

Upon the petition of John Moses, of the town of Symsbury 
in the county of Hartford, to this Assembly, shewing that 
the petitioner brought his action against Theophilus Wood- 
bridge of said Symsbury before the adjourned county court 
held at Hartford on the last Tuesday of January, A. D. 174i, 
on a promissory note of the hand dated June the 15th, A. D. 
1741, demanding the sum of twenty pounds money; in which 
action the then county court gave a final judgment against 
the petitioner, and that said action was lost by the petitioner's 
missing his plea in said court, &c., and the petitioner there- 
upon praying this Assembly to reverse and set aside the 
judgment of the said county court in said cause, and give the 
petitioner another tryal of said cause at the county court to be 
held at Hartford in November next, and that the petitioner 
have liberty to alter hi^ plea, and the cost may follow the 
final trial : Wiiereupon it is resolved by this Assembly, that 
the aforesaid judgment of the said county court in January 
last be set aside, and the same is hereby set aside and declared 
null and void, and the petitioner is allowed another tryal 
of said cause at the county court to be held at Hartford 
in the county of Hartford on the first Tuesday of November 
next, and that the parties are allowed to alter their pleas 
in said cause, and that the future cost only follow the final 
tryal. 



24 PUBLIC RECORDS [May, 

Whereas Joseph Meacham, of Windham, brought to this 
Court his memorial, shewing that the debts and charges 
arising on the estate of Jeremiah Meacham, late of Wind- 
ham, deceased, amounted to the sum of ,£201 Id. Os. in bills 
of credit old currency, more than his personal estate ; pray- 
ing this Assembly for liberty to sell so much of the real 
estate of the said Jeremiah Meacham, deceased, as to pay the 
sum aforesaid : Resolved by this Assembly, that the said 
Joseph Meacham be authorized, and he is hereby impowered 
to sell so much of the real estate of the abovesaid Jeremiah 
Meacham, deceased, as to pay the sum abovesaid with the 
necessary charges arising thereon, taking the advice of the 
court of probate in the county of Windham. 

[23ti] Upon the petition of James Evarts, of Guilford in 
the county of New Haven, representing to this Assembly that 
upon a judgment of the superior court lield in Hartford on 
the first Tuesday of March last, given against the said Evarts 
in favour of Tiiomas Stow, of Midletown in Hartford county, 
for the sum of thii-ty-one pounds seven shillings and eleven 
pence lawful money, for debt and cost, execution was taken 
out, dated tlie 14th day of the same month of March, and 
put into the hands of Return Meiggs, one of the constables 
of said Midletown, to serve, to whom it was directed, who, 
without notifying the petitioner, on tlie 2d day of April last 
proceeded to levy the said execution on one hundred acres of 
the petitioner's land in said Midletown, and that ninety-six 
acres of said land, by apprizers under oath for that purpose, 
was apprized and set off to the said Stow, to answer the said 
judgment with the cost arisen, abating <£3 10s. Od. which was 
paid and endorsed on said execution, which land is bounded 
as follows : beginning at a beecli tree the northwest corner 
of Ebenezer Scranton's land, and from thence running in the 
north line of said land west four degrees south one hundred 
and thirty-eight rods to a blaek oak bush marked and stones 
about it, then turning and running south about 9 degrees 
east, as the west line of the said Scranton's lot is, 120 rods 
to the north line of Warner's land, 'then east four degrees 
north 138 rods to said Scranton's southwest corner, then to 
the first-mentioned station ; which said doings were endorsed 
on said execution, and the same returned into said clerk's 
office to be recorded ; representing also, that the said land 
was prized in gross, and much under the value thereof: And 
whereas it does not appear tliat the petitioner, when the said 
execution was levyed on his lands, had any notice given him 
that he might be present when the same was done and the 



1744.] OP CONNECTICUT. 25 

lands apprized off: It is resolved, enacted, decreed and 
ordered by this Assembly, that the doings of the said Return 
Meiggs, constable, and the said apprizers, and the said en- 
dorsements on said execution, be vacated, null and void, and 
the same are hereby made null and void. 

Upon the memorial of Samuel Pierce, Isaac Farewell, and 
sundry other of the inhabitants of the second society in Mans- 
field, shewing to this Assembly their dissatisfaction with the 
doings of the committee reporting to this Assembly a place 
they had pitched upon for the society to build a meeting house 
upon for divine worsliip : Resolved by this Assembly, that 
John Bulkley, Esq"", Capt. Roger Wolcott and Capt. Joseph 
Phelps, be a committee fully authorized and impowered to 
repair to the said society, view their circumstances, hear their 
pleadings, and pitch upon a place in said society for the 
inhabitants thereof to build a meeting house upon for divine 
worship, and make report of their doings to the Assembly in 
October next, at the charge of the memorialists. 

Upon the memorial of Jacob Fuller, of Wellington in the 
county of Hartford, shewing lie hath been at the expence and 
charge of keeping Reuben Goff, an idiot, one of the poor of 
this Colony, and praying for allowance for time past, and for 
quarterly allowance for time to come : Ordered by this 
Assembly, that there shall be paid out of the publick treasury 
to the said Fuller, for keeping said Goff the time past, seven- 
teen pounds old tenour bills, and twenty shillings per week 
like bills for so many weeks as the said Fuller shall keep and 
provide for said Goff, to be paid quarterly : provided this 
allowance do not continue for more than the space of four 
years next coming. 

Resolved hy this Assemhlij, That the fare of the ferry over 
Stratford River, at Potatuck, commonly called Hubbel's ferry, 
for the future shall be, for man, horse and load, three pence 
lawful money, or twelve pence old tenour ; for a single per- 
son, or horse, ox and all neat cattle, two pence lawful money, 
or eight pence old tenour ; and for each sheep or swine one 
penny lawful money, or four pence old tenour. 

On the memorial of Esther Hill, administratrix on the 
estate of Isaac Hill late of Wallingford, deceased, shewing 
that further debts on said estate appear, praying liberty to 
sell land to answer the same, &c. : Resolved by this Assem- 
bly, that the memorialist shall, and is hereby enabled to make 
sale of so much of the land of the deceased's estate as shall 
raise X27 19s. 'id. in old currency, with incident charges 



26 PUBLIC RECORDS [May, 

arising, for tlie purpose aforesaid, under the direction of the 
court of probate in the district of New Haven. 

Upon the memorial of the towns of Stoningtown and 
Groton, praying for a committee to establish the bounds 
and line between said towns: Resolved by this Assembly, 
that Messrs. Simon Lothrop, Richard Hide and Ebenezer 
Hartshorn, all of Norwich, be a committee with full power to 
run the line and ascertain the bounds between said towns, at 
the cliarge of the memorialists, and make report to this 
Assembly, at their sessions in October next. 

[237] Upon the memorial of John Belden of Hartford, 
praying to tbis Assembly that he may be exempted from 
putting in his head into the publick list of this Colony for the 
future, on account of lameness in his hand : Resolved by 
this Assembly, that the said memorialist shall be exempted, 
and he is hereby exempted, from putting in of his head into 
the publick list of this Colony for the future. 

This Assembly do appoint Mr. Stephen Hempstead of New 
London to be Surveyour of Lands for the county of New 
London. 

This Assembly do establish and confirm Mr. Nathaniel 
Olcott to be Lieutenant of the' 6th company or trainband in 
the town of Hartford, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Josiah Olcott 
to be Ensign of the 6th company or trainband in the town of 
Hartford, and order that he be commissioned accordingly. 

This Assembly do appoint Joshua Hempstead, John Gris- 
would, Isaac Huntington and Jeremiah Miller, Esq^^s to be 
Justices of the Peace and Quorum in and for the county of 
New London the year ensuing. 

This Assembly do appoint Abraham Pierson, John Lane, 
Nathaniel Clark, Jedadiah Chapman, John Tully, Thomas 
Lee, Richard Lord, Daniel Ely, John Richards, Daniel Coit, 
Gurdon Saltonstall, Stephen Lee, Christopher Avery 2d, Luke 
Perkins, John Ledyard, John Whiting, Joseph Denison, 
Simeon Minor, Jedadiah Tracy, Humphrey Avery, Samuel 
Morgan, Nathaniel Brown of Preston, Jabez Hide, Joshua 
Huntington, Samuel Lothrop, Nathan Cheesbrough, John 
Cook, Joshua Raymond, Esq'"% to be Justices of the Peace in 
and for the county of New London tlie year ensuing. 

Whereas there now lyes before this Assembly an informa- 
tion exhibited in the name of several members of the House 
of Representatives, against William Leet of Guilford, fur the 



1744.] OP CONNECTICUT. 27 

breach of the King's peace by turbulent behaviour and offen- 
sive carriage, as is more especially set forth in said informa- 
tion ; and on consideration tiiereof : Resolved by this Assem- 
bly, that the matters complained of are cognizable to the jus- 
tices of the peace in the county of Hartford, and that the said 
information be committed unto John Marsh and Thomas 
Wells, Esqrs., justices of the peace for the county of Hartford, 
who have power to call said Leet before them and enquire into 
the causes of said complaint, and determine thereon according 
to law. 

Upon the memorial of Judah Evarts, Samuel Norton and 
others, inhabitants of the town of Guilford living on the east- 
erly part of the first society in said Guilford and near adjoyn- 
ing to the line of the parish of East Guilford, praying to be 
set oft' from said first society in said Guilford and flnnexed to 
the said society in East Guilford, and that for the future the 
line between the said first society of said Guilford and said 
parish of East Guilford be stated and established beginning at 
a place called Norton's corn-mill, and tiie western line of said 
East Guilford parish extend from said Norton's corn-mill a 
straight line to the country road at the foot of the hill between 
Samuel Norton's and John Cruttenden's, and so continued to 
the sea, (fee. 

Resolved by this Assembly, That the memorialists be set off 
from said first society in said Guilford and annexed to the said 
society in East Guilford, and that for the future the western 
line of said parish of East Guilford shall be the said line be- 
ginning at the place called Norton's corn-mill, and from 
thence running a straight line to the country road at the foot 
of the hill between Samuel Norton's and John Cruttenden's, 
and so continued to the sea ; the same to remain for the fu- 
ture the line between the said two societies. 

Upon the memorial of Samuel Woodbridge, pastor of the 
third society in Hartford, representing to this Assembly that 
he was called and ordained to said office in the year 1711, 
upon which the said society Ijy their vote granted him sixty- 
nine pounds a year, and that he has for some years last past 
been unable to perform publick service in the ministry, dur- 
ing which time the said society have not performed according 
to their agreement and votes, and for the year now advancing 
the said society have made no provision for the memorialist 
and his family's support ; praying this Assembly to appoint a 
committee to look into the affair, and report to this Assembly 
what he ought to have for these three years last past, and also 
what he ought to have for a yearly salary during his natural 



28 PUBLIC RECORDS [May, 

life, in case he continues in his said impotent state : Resolved 
by this Assembly, that Samuel Lynde, Esq., Ebenezer Silli- 
man,- Esq., Mr. Ebenezer West, Colo. Benjamin Hall, and Ma- 
jor Jabez Hamlin, be a committee to hear and look into said 
affair, and make a report of what they find, and their opinion 
thereon, to this Assembly. 

[238] Whereas, Elihu Hall, Esq., King's Attorney for the 
county of New Haven, at the sessions of this Assembly at said 
New Haven, in October, exhibited and filed one certain bill 
of indictment or information against Mr. Benjamin Pomroy, 
of Hebron in the county of Hartford, pastor of the church 
there, complaining and setting forth that said Benjamin Pum- 
roy had, about the 1st of September then last past, publickly 
declared and said, that the late law of this Colony, made con- 
cerning ecclesiastical affairs, was a great foundation to en- 
courage persecution and to encourage wicked men to break 
their covenants, and that if wicked men did not take the advan- 
t'.ige of it, it was no thanks to the Court ; and that he further 
said, that the law that was made to stop ministers from going 
about to preach in other towns was made without reason and 
contrary to the word of God ; with design to bring said laws 
into contempt, &c.; and thereupon moved said Pumroy should 
be proceeded against, as to law and justice appertains : And 
whereas said bill, filed as abovei^aid, was continued, and the 
prosecution thereof put off to this time, and the said Pumroy 
ordered to be brought before this Assembly in its present ses- 
sion, to answer in the premises : And whereas Daniel Ed- 
wards, Attorney to our Xjord the King, against the said Mr. 
Benjamin Pumroy one other bill of indictment now exhibited 
representing that on the publick fast day in this Colony in 
April last, he, said Pumroy, did publickly declare and say, 
that the great men had fallen in and joyned with those that 
are on the devil's side and enemies to the kingdom of Christ, 
and raised such persecution in the land tliat if there be a faith- 
ful minister of the Lord Jesus he must lose his estate, and if 
there be but a faithful man in civil authority he must lose his 
honor and usefulness ; and further, in the after part of sa'.d 
day, said, there is no Colony so privileged as Connecticut was, 
and now there is no Colony so bad as Connecticut for perse- 
cuting laws, I never heard nor read of sucli persecuting 
laws as is in Connecticut, nay there is no such thing among 
the heathen, and the very heathen are a shame to them, or 
■^vords to that effect. And the said Benjamin Pumroy, being 
arraigned before the bar of this Assembly, for tryal, intimat- 
ing his readiness to make his submission, gave in a paper un- 



1744.] OF CONNECTICUT. 29 

der his hand, moving it might be publickly read, and consid- 
ered and accepted as such ; which being on consideration not 
accepted as satisfactory, and he, said Pumroy, called to make 
further answer, he thereupon exhibited pleas to the jurisdiction, 
as at large on file, and by his counsel was heard thereon. On 
the hearing and consideration whereof, this Assembly are of 
opinion that the said pleas are insufficient, and accordingly 
do resolve and order the said Pumroy be held to plead to the 
said bills. And now, as to the matters contained in the first 
mentioned indictment and the words therein charged to be 
spoken, he before this Assembly pleaded and said he stood 
ready to justify the same, and as touching the facts in said 
last bill charged against him, he pleaded not guilty. And 
now the witnesses for the King by the King's attorney, as also 
sundry witnesses by the counsel for said Benjamin Pumroy, 
were produced, sworn and enforced, and the said Pumroy also 
fully heard in said justification. And this Assembly having 
thereon duly considered, as touching the said first indictment, 
are of opinion that the things in special justification thereof 
offered are insufficient ; and also having duly weighed and 
considered the pleas and evidences on the said plea of not 
guilty, either in behalf of the King or by the counsel for said 
Pumroy exhibited and produced, do find that the said Benja- 
min Pumroy is thereof guilty. Whereupon, it is considered 
and resolved by this Assembly, that the said Benjamin Pum- 
roy become bound in the sum of fifty pounds money, payable 
to the publick Treasurer of this Colony, with condition tliat if 
he, the said Benjamin Pumroy, do at all times hereafter, from 
this day until the sessions of this Assembly in May next, both 
in word and deed, use, bear and behave himself well, faithfully 
and peaceably towards all his Majesty's liege subjects, and es- 
pecially towards the Legislature and all the civil authority of 
this Colony, in such wise as that by any act, speech or thing by 
the said Benjamin Pumroy committed, done, reported, spoken 
or published, they, the said Legislature or any of the civil au- 
thority of said Colony, be not at any time hereafter in any 
manner injured, troubled, villified or defamed, or in their 
name, office, honour or authority, anyway impeached, sland- 
ered or taken away, then the said bond to become void, other- 
[239] wise || to be in force and virtue ; and that he at this 
Assembly in May next appear to take up such bond ; and that 
he pay the full cost and charge of his prosecution, allowed to 
be £'62 10s. Sd. old tenour, and stand committed till this sen- 
tence be fulfilled. And, accordingly, he, the said Benjamin 
Pumroy, acknowledged himself to standjustly indebted to the 



30 PUBLIC RECORDS [May, 

publick Treasurer of this Colony in the full sum of fifty pounds 
money, to be f)aid to the said Treasurer upon condition that 
he, the said Benjamin Piimroy, do not at all times liereafter, 
from this day until the sessions of this Assembly iu May next, 
both in word and deed, use, bear and behave himself well, 
faithfully and peaceably, towards all his Majesty's liege sub- 
jects, and especially towards the Legislature and all the civil 
authority in this government, in such wise as tliat l)y any act, 
speech or thing, by him, the said Benjamin Pumroy, to be 
committed, done, reported, spoken or published, the Legisla- 
ture or any of the civil authority of this Colony be not, at any 
time hereafter, or in any manner, injured, troubled, vilified or 
defamed, or in their name, office, honour or authority, im- 
peached, slandered or taken away ; and also, if the said Ben- 
jamin Pumroy do not personally appear before the General 
Assembly of this Colony, to be holden at Hartford, on the 2d 
Tiiursday of May next ensuing, and take up this his bond. 

Whereas this Assembly, at their sessions in October last, in 
pursuance of the directions of the Lords Justices, appointed 
his Honour the Deputy Governor of this Colony, Natiianiel 
Stanly, Ozias Pitkin, William Pitkin, Esq'"^, and Capt. John 
Marsh and Mr. Joseph Buckingham, or the major part of 
them, a Committee of War, with full power to send such a 
number of men as they should judge necessary for the defence 
of our frontier towns and into the county of Hampshire in case 
of an invasion, and to give directions for erecting garrisons in 
our said frontiers in case they should judge it necessary, 

It is noiv enacted and ordered, That if the said Committee 
of War judge it necessary that fortifications be made, they 
shall liave power, and they are hereby impowered, to assess 
the inhabitants of those towns where they shall order such 
fortifications to be made, in order to defray tlie one-half of 
the charge thereof; and they are hereby impow^ered to grant a 
distress, under tlieir hands, for the collecting such assessments 
of all and every one who shall refuse to pay his or their pro- 
portion thereof; which money, collected by such distress, shall 
be improved towards the erecting such fortifications, according 
to the order of such committee ; and the other half of the charge 
thereof to draw out of tlie publick treasury of this Colony. 
And that such a number of effective men as they shall judge 
necessary to be sent, either to the said frontiers or into the 
said county of Hampshire, they shall enlist and enroll, and 
appoint their proper officers, whom, on their nomination and 
appointment, his Honour the Governor is desired to commis- 
sionate for that purpose. And, in case a sufficiency of volun- 



1744.] OF CONNECTICUT. 31 

teers do not appear, the said committee are hereby impowered 
to give orders in such and so many regiments as they judge 
most reasonable, convenient and necessary, for the impressing 
said men for said service ; and tlie several officers in such 
regiments are ordered to attend and conform to the orders of 
said committee respecting said impressing, according to the 
laws of this Colony : provided no men be sent out of the gov- 
ernment, or raised for that purpose, until a proper request be 
made for our assistance, and tliere be notice of the danger of 
an attack or invasion. And that his Honour the Governor be 
desired, and he is hereby desired, to give orders to tlie several 
colonels in this Colony, to have the respective regiments under 
their command in a proper readiness for the assisting, suc- 
couring and relieving any of his Majesty's sul)jects, forts, 
towns or places that shall be assaulted by an enemy, or in 
danger thereof, according to directions of the law of this 
Colony for regulating the militia. 

And it is further enacted. That his Honour the Governor, 
with the advice of Joseph Wliiting, Roger Newton, Ebenezer 
Silliman, Esqi's., Captain John Fowler, and Mr. Robert Treat, 
or the major part of them, (wlio are hereby appointed a Com- 
mittee of War.) be impowered, and he is hereby impowered, 
to raise effective men to the number of two hundred, including 
officers, if they judge needful, and send them to the assistance 
of his Majesty's subjects in the Colony of New York, in case 
of an invasion or eminent danger thereof, and a request be 
made to his Honour therefor by bis Excellency the Governor 
[240] of the Colony of New York. || And the said committee 
are impowered to take the same method in raising the same 
as is above provided for raising men for the defence of our 
frontiers and to be sent into the county of Hampshire ; and 
the officers to be appointed and commissioned as is above 
provided, and to return according to the directions given them 
from his Honour the Governor. And all such officers and 
souldiers as shall go in service by virtue of this act, shall be 
allowed the same wages in new tenour bills of credit on this 
Colony which were stated and allowed to officers and souldiers 
in current money in the act of this Colony, entituled An act for 
stating the wages and for the more speedy and careful pay- 
ment of officers and souldiers in her Majesty's service and 
defraying other charges arising by the same.* And the Gov- 
ernor and Council are desired to give the orders and direc- 
tions to the Treasurer of the Colony, to procure a magazine of 
powder and shot for the use of the Colony, according to the 
law for regulating the militia. 

*Vol. v., 236. Passed May, 1711. 



32 PUBLIC RECORDS [May, 

Upon the petition of Daniel Griswould, of Bolton in the 
county of Hartford, representing to this Assembly that Ma- 
lachia Corning, of Hartford in said county, having for the 
said Griswould paid unto one John Thrall and others sundry 
sums of money, amounting in the whole to £2Sb lis. 9d. old 
currency, he, the said Griswould, and the said Corning agreed 
and bargained that the said Griswould should make and 
execute unto the said Corning a deed of his, the said Gris- 
would's, farm of land lying in said Bolton, containing in the 
whole about sixty acres with a dwelling house standing on the 
same, as also a barn standing on the land of Captain John 
Talcott ; and that at the same time of making the said deed 
the said Corning was to give a bond to the said Griswould, 
to oblige him to reconvey the said land and buildings to the 
said Griswould upon paying the said £235 17s. 9d. with the 
interest therefor, and that tiie said deed was drew and exe- 
cuted, and the time of that opportunity being spent the bond 
could not be then made, whereupon the said deed was de- 
posited in an indifferent man's hands, to lye without being 
recorded or taking any effect till the said bond should be 
made and executed to the said Griswould : but by a mere mis- 
take, contrary to the agreements of the parties, the said deed 
is authentically recorded on the records of the town clerk of 
the town of Bolton ; which deed bears date the 4th day of 
August, 1739, and is made of land and buildings thereon 
described as follows, (yiz:^ one piece or parcel of land lying 
and being in Bolton in the county of Hartford and Colony of 
Connecticut, in quantity about sixty acres, containing the ten 
acres of land I purchased of Deacon Timothy Olcott with my 
barn supposing to stand on Captain John Talcott's land, as 
also the fifty acres of land I purchased of Cornelius Birge. 
The ten acres I bought of Deacon Olcott is bounded as fol- 
loweth : east on the highway and north on the highway 
reserved by Deacon Olcott in his conveyance to me, said Gris- 
would, and south on the aforesaid fifty I bought of Birge, and 
west it is bounded on Deacon Timothy Olcott's land. And 
the aforesaid fifty a^cres I bought of Birge is bounded as 
follows, (viz ;) east and west on highways, north it is bounded 
partly on the aforesaid ten acres and partly on Deacon 
Timothy Olcott's lands, and south it is bounded on Joel 
White's land. And that the said Corning hath not made his 
bond to said Griswould as agreed upon, but refuses to do 
the same, and holds the land by said deed so compleated by 
mistake : 

Whereupon this Assembly do resolve^ enact and decree, That 



1744.] OF CONNECTICUT. 33 

the said Daniel Griswould shall pay to the said Malachia Corn- 
ing, at the house of William Pitkin, Esq., in Hartford, or 
deposit in the hands of the said William Pitkin for the use of 
the said Malachia Corning, the sum of two hundred thirty-five 
pounds seventeen shillings and nine pence old currency, on or 
before the first day of October next, with lawful interest from 
the fourth day of August, 1739, and tliat thereupon the said 
Malachia Corning, his heirs and assigns, and all claiming 
under him, shall be forever secluded and debarred from giving 
the said deed of the said Griswould to the said Corning, dated 
the 4th day of August, 1739, as aforesaid, in evidence in any 
court in this colony. 

Cost allowed Francis Halley, <fec., of Stratford, for attend- 
ance &c., to answer the memorial &c., of Jonas Woostcr of 
Stratford, which is negatived, as on file appears, is XI lis. 
lOd. lawful money. 
[241] To the General Assembly now convened atlBfartford: 

We the subscribers, who were by your Honours appointed 
to consider what is proper to be done in reference to the 
country sloop, take leave to report, that we are of opinion that 
the steps lately taken by his Honour the Governor and Council 
were proper, and that the officers appointed l)e accordingly 
commissioned, and that the men now on board be by their of- 
ficers well instructed in the methods of fighting at sea, and 
that if there should be a French war, or that there should be 
information of any enemy upou our coasts, that then his Hon- 
our the Governor give out orders that said sloop be full 
manned, according to the late order of the Governor and 
Council, and that the captain of said vessel observe such or- 
ders as from time to time he shall receive from the Governor. 
But in case his Honour the Governor should be advised that 
no French war is to be expected, we think it best the said 
sloop be laid up in New London harbour, under the care of 
Colo. Saltonstall, and the men shipped be thereupon dis- 
missed. All which is submitted by, 

James Wadsworth, 

Samuel Lyndb, 

Edmund Lewiss, 

EBENEzr West, J> Committee. 

Thos. Wells, 

BENja Hall, 

John Ledyard, 
Which report is accepted and approved by this Assembly. 
Upon the memorial of Ebenezer Gridley and Elizabeth Or- 



34 PUBLIC EECORDS l^^J, 

viss, administrators on the estate of Cliarles Orviss, deceased, 
shewing to this Assembly that the debts due from said estate 
surmount the personal estate the sum of <£11 18s. 4d. old 
tenour, praying for liberty to sell so much of the real estate 
of the deceased as may be sufficient to answer the aforesaid 
sum with the incident charges arising thereon : Resolved by 
this Assembly, that the memorialists have liberty, and they 
are hereby impowered and authorized, to make sale of so 
much of the real estate as aforesaid as may be sufficient to 
pay the said sura of Xll 18s. 4d. witli the incident charges 
arising thereon, taking the advice of the court of probate in 
the district of Hartford therein. 

Upon the memorial of Ebenezer and Sarah Humphrey, of 
Oxford, &c., administrators on the estate of Joseph Read, late 
of Oxford, deceased, shewing that the debts due from said es- 
tate exceed the personal estate tlie sum of ^488 19s. 6c?. old 
tenour, and moving for liberty to sell certain lands in the 
town of Glassenbury, in the county of Hartford, to pay and 
discharge said debts : Resolved by this Assembly, that the 
said administrators be allowed and impowered to make sale of 
the hundred acres of land mentioned in said memorial, or so 
much thereof as need be, to pay and discharge said debts and 
the necessary charges thereof, at the direction of the court of 
probate in the district of Hartford. 

On the memorial of Samuel Harrington and others, inhab- 
itants of the northern part of Brandfbrd, praying for a com- 
mittee to repair to said inhabitants and view their circum- 
stances, in order to their being formed into a distinct ecclesi- 
astical society, and make report, &c. 

Resolved hy this Assembli/, That Captain Jonatlian Allen, 
Mr. John Hitciicock, and Captain John Hubbard, all of New 
Haven, be a committee to repair to the inhabitants of the 
northern part of Brandfbrd, the memorialists, and view the 
circumstances of said inhabitants, in order to their being- 
formed into a distinct ecclesiastical society, and make report 
of the situation and circumstances of said inhabitants, for the 
design aforesaid, and their opinion thereon, to the General 
Assembly in October next ; and to be done at the cost of the 
memorialists. 

Upon the memorial of George Beckwith and Benjamin 
Beckwith, of Lyme in the county of New London, adminis 
trators on the estate of Jonah Beckwith, late of said Lyme 
deceased, representing to this Assembly that all the estate of 
the deceased is in lands, and tiie debts due from said estate, 
with the charges, amounts to the sum of £140 os. cd., pray- 



1744.] OP CONNECTICUT. 35 

ing leave to sell so much of tlie said lands as will answer said 
debts with charges : This Assembly appoints and impowers 
the said George Beckwith and Benjamin Beckwith, to sell so 
much of the lands of the said Jonah Beckwith as shall be suf- 
ficient to answer the said debts and the incident charges ; 
they taking the advice of the judge of probates for the county 
of New London. 

[242] Upon the memorial of David Sage and others, of Midle- 
town, within the parish of Kensington, and those within the 
district of that trainband annexed to that company called the 
Northwest Quarter of Midlctown, praying liberty to erect a 
school among them : Resolved by this Assembly, that the 
memorialists and inhabitants within the following bounds, 
{viz:') on the west by Farmingtown east line from Midletown 
northwest corner ; south, so far as the district of that com- 
pany called Midletown Northwest Quarter ; north, by Weath- 
ersfield, to extend so far east as the district of said company ; 
east and south by the bounds of said company or trainband ; 
shall and may assemble together, as societies by law are ena- 
bled, and form a school amongst said inhabitants, and regu- 
late the same according to the laws of this Colony in such case 
provided ; and also, that the memorialists and inhabitants 
within the bounds aforesaid shall and may, from time to time, 
draw out their proportion of money, according to their list, as 
shall and may be granted on the publick list for the support 
of schools in this Colony ; and that the money by them re- 
ceived of Midletown of the sale of the western lands shall be 
for the use aforesaid ; always provided a school be kept 
amongst said inhabitants according to law. 

An Act stating the P'are of Brockway's Perry. 

Be it enacted by the Q-overnor, Council and Representatives 
in General Court assembled, and by the authority of the same, 
That the fare of said ferry shall be as follows, {viz .•) for man, 
horse and load, fourteen pence during the three winter months, 
and half so much for a man ; and during the residue of the 
year ten pence for man, horse and load, and five pence for a 
man ; all old currency. 

Upon the memorial of Christopher Tracey, administrator on 
the estate of Jonathan Rennals, late of Preston, deceased, 
shewing to this Assembly that the del)ts due from said estate 
surmount the moveable part of said estate the sum of X120 
6s. 6d. old tenon r, and praying that this Assembly would im- 
power the memorialist, or some other person, to sell so much 
of the land of the said Jonathan Rennals, deceased, as to pay 
the aforesaid sum and charges arising about the same : Re- 



36 PUBLIC RECORDS [May, 

solved by this Assembly, that the said Christopher Tracy sell, 
and he is hereby impowered to sell, so much of the real estate 
of the said Jonathan Rennals, deceased, as will answer the 
said X120 6s. 6d. old tcnonr, with the necessary charges aris- 
ing about such sale ; taking the direction and advice of the 
court of probate in New London. 

Upon the memorial of Odiah Loomiss and Nathaniel Mather, 
executors to the last will and testament of Samuel Allyn, late 
of Windsor, deceased, shewing to this Assembly that the 
debts due from said AUyn's estate surmount the moveables 
thereof the sum of X368 2s. 9d. old tenour, praying for lib- 
erty to sell so much of the real estate of the deceased as may 
be sufficient to answer the aforesaid sum with the incident 
charges arising thereon : Resolved by this Assembly, that the 
memorialists have liberty, and they are hereby substituted and 
authorized, to make sale of so much of the real estate as afore- 
said as may be sufficient to pay the aforesaid sum of £368 2s. 
9d., with the incident charges arising thereon ; taking the 
advice of the court of probate in the district of Hartford 
therein. 

Resolved by this Assembly, That Mr. Daniel Edwards be, 
and he is hereby, authorized and fully impowered to put in 
suit against the mortgagers or tenants in possession in the 
county of Hartford, the several mortgages to tlie Governor 
and Company of this Colony, which were taken in the said 
county for the old tenour bills of credit emitted on loan and 
the time of payment expired before the year 1744, and the 
condition to such mortgages not fulfilled by the mortgagers, 
whereby the land is forfeited to the said Governor and Com- 
pany ; with full power to plead and implead, and prosecute 
any suits against such mortgager or tenant in possession to 
full effect, for the recovery of any such lands, and to levy and 
take possession thereof, and also to take possession of such of 
the said mortgaged lands as shall be peaceably resigned to the 
said Governor and Company. And the said Mr. Daniel Ed- 
wards is hereby authorized and fully impowered to sue out all 
such lands as are mortgaged to the Governor and Company, 
not lying in the Colony ; and that proper letters of procura- 
tion, under the seal of the Colony, be made to him, impower- 
ing him thereunto. 

[243] A7id further, That Capt. Elilm Hall is hereby auth- 
orized and fully impowered to sue for and recover possession 
of the lands mortgaged as aforesaid in the county of New 
Haven, with the same powers and authority as aforemen- 
tioned. 



1744.] OP CONNECTICUT, 37 

And further^ That Capt. Stephen Lee is hereby authorized 
and impowered to sue for and recover possession of the lands 
naortgaged as aforesaid in the county of New London, with the 
same powers and authorities as aforementioned. 

And further^ Mr. Robert Walker is hereby authorized and 
fully impowered to sue for and recover possession of tlie lands 
mortgaged as aforesaid in the county of Fairfield, with the 
same powers and authorities as aforementioned. 

A?id further, That Jonathan Trumble, Esq., is hereby auth- 
orized and fully impowered to sue for and recover possession 
of the lands mortgaged as aforesaid in the county of Wind- 
ham, with the same powers and authorities aforementioned* 

And further, That the Secretary is hereby directed to de- 
liver to the committee in each county the several mortgages 
now in his hands for the lands mortgaged aforesaid in each 
of the said counties, taking account thereof, with the endorse- 
ment of their receipts thereof. 

And further, The respective committees in each county are 
directed, that where any of the mortgagers or tenants in pos- 
session shall tender or offer to pay the principal sum borrow- 
ed, with the lawful interest thereon since the time of payment 
mentioned therein, with such costs as have arisen thereon, it 
shall be received by such committee, who shall deliver the said 
money into the hands of the Treasurer, and a deed of release 
shall be executed thereon as heretofore hath been usually 
done. And each committee are further directed, that upbn 
the recovering and taking possession of the lands aforesaid for 
the use of the Colony, to make sale of such lands at a publick 
vendue, at some suitable time and place appointed and duly 
notified for that end at the discretion of the committees respec- 
tively, to the highest bidder, taking the money or bonds for the 
same with good and sufficient sureties, payable to said Gover- 
nor and Company, not exceeding one year from the time of 
sale, with lawful interest thereon. Aiid the money received 
shall be delivered into the hands of the Treasurer, taking his 
receipt therefor. Whereupon deed or deeds of conveyance 
or sale of such lands so bought shall be made and executed to 
the purchaser, under the seal of the Colony, and signed by 
Nathaniel Stanly, Esq., and the Secretary ; and the bonds 
taken as aforesaid shall be lodged with the Secretary, and 
deed of sale as aforesaid accordingly executed thereon. 

This Assembly do establish and confirm Mr. Thomas Sey- 
mour to be Lieutenant of the 2d company or trainband in 
the town of Hartford, and order that he be commissioned ac- 
cordingly. 



38 PUBLIC RECORDS [May, 

This Assembly do establish and confirin Mr. Jonathan Sey- 
mour to be Ensign of the 2d company or trainband in the 
town of Hartford, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Daniel Mes- 
senger to be captain of the company or trainband in the town 
of Harwinton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathan Daviss 
to be Lieutenant of the company or trainband in the town of 
Harwinton, and order that he be commissioned accordingly. 

'fhis Assembly do establish and confirm Mr. Jonathan 
Hopkins to be Ensign of tlie company or trainband in the 
town of Harwinton, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Isaac Kellogg 
to be Captain of the company or trainband in the town of 
New Hartford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Martin Smith 
to be Lieutenant of the company or trainband in the town of 
New Hartford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Israel Loomiss 
to be Ensign of the company or trainband in the town of New 
Hartford, and order that he be commissioned accordingly. 

An Act for the More effectual Regulation of Saybrook Ferry, and ad- 
vancing' the Fare thereof. 

Be it enacted by the Grovernor, Oouncil and Representatives^ 
in G-eneral Court assembled, and by the authority of the same. 
That, for the commodious transportation over said ferry at 
Saybrook, the lerrymen thereof shall, on or before the first 
day of September next, sufficiently erect and repair the wharf 
at said ferry place on the west side, and also provide and con- 
[244] stantly maintain good and proper boats, well manned, 
with sufficient tackle and furniture to such boats for the safe 
and expedite transportation of travellers over said ferry ; all 
to be done and maintained by the owners of said ferry, to the 
acceptance of Samuel Lynde, Esq., Capt. Jedadiah Chapman, 
both of Saybrook, and Capt. Elisha Shelden of Lyme, who are 
hereby appointed a committee for that purpose, who are also 
desired to see that suitable provisions be made as aforesaid, 
and from time to time inspect said affair ; and upon the per- 
formance thereof, said committee shall and may give a certi- 
ficate under their hands to said ferrymen, that said ferry is 
well and sufficiently provided as aforesaid ; then the fare of 



1744.] OF CONNECTICUT. 39 

said ferry shall be as follows, {viz ;) for man, horse and load, 
four pence lawful money, and three pence for each footman ; 
and for each horse, three pence half-penny per head ; and dur- 
ing the months of November, December, January, February, 
March, and April, the fare shall be six pence lawful money for 
man, horse and load, and for each footman four pence lawful 
money, and for each horse five pence per head ; the above fare 
to be accounted at the rate of four pence in old currency for 
one penny lawful money, and no more, and to be paid in law- 
ful money or old currency. And the committee aforemen- 
tioned are desired to make report to the General Assembly in 
October next of the circumstances of said ferry. 

And it is further eyiaeted by the authority aforesaid, That, 
in case the said ferrymen, after they have obtained a certi- 
ficate as aforesaid, shall at any time be deficient in any of the 
particulars abovementioned, the said committee may, and they 
are hereby impowered to impose a suital)le fine on them, or 
either of them, not exceeding the sum of five pounds. Nothing 
in this act to extend to those that by law are exempted from 
paying ferriages. 

An Act in Addition to an Act entituled An Act for the more speedy 
doing Justice and preventing the MultipUcity of Law Suits. 

Be it enacted hy the Governor, Council and Representatives^ 
in General Co^irt assembled, and by the authority of the same, 
That in any process or action wherein the debt, damage or 
other matter, doth not exceed forty-eight shillings of new 
tenour bills of credit, or eight pounds in old tenour bills 
of credit, may be heard, tryed and determined, by any 
one assistant or justice of tlie peace, who are hereby im- 
powered to do the same within the limits of their authority, 
(except only where the title of land is concerned,) and when 
the debt, damage or other matter in demand, doth not exceed 
the sum of twenty four shillings in new tenour, or four pounds 
in old tenour, or if it be due by bond, bill or note, for bills of 
credit of either of said tenours, avouched by two witnesses, 
and doth not in value exceed the sum of forty-eight shillings 
in new tenour bills, or eight pounds in old tenour bills, no 
appeal shall be allowed from the judgment given therein. 

Be it further enacted by the authority aforesaid. That con- 
fession of judgment, made and taken m the manner directed 
in the second paragraph of the aforementioned act, shall or 
may be taken for twenty-four pounds in new tenour bills of 
credit, or eighty pounds in old tenour bills of credit, and no 
more. 

Be it further enacted by the authority aforesaid, That when 



40 PUBLIC RECORDS [May, 

any action wherein the title of land is not concerned, is brought 
to any of the county courts in this colony, wherein the debt, 
damage or otber matter in demand, doth not exceed the vahie 
of twelve pounds new tenour bills of credit, or forty pounds in 
old tenour bills of credit, and judgment tliereon shall be given, 
no appeal from such judgment shall be allowed. 

Be it further enacted by the authority aforesaid, That any 
act made in this Colony for the stating of the fees of any 
court or officers' fees, grants to the college, or fares of ferries, 
&c., in silver sterling alloy at the rate of six shillings and 
eight pence per ounce troy weight, sliall be taken and ac- 
counted in new tenour bills at the rate that eight shillings 
bears to six shillings and eight pence, and in old tenour bills 
at the rate of four shillings for one shilling. 

And he it further enacted hy the authority aforesaid, That 
every execution granted by an assistant or justice of the peace 
on a judgment for more than forty shillings in silver at the 
rate of six shillings and eight pence per ounce troy weight, 
founded on the confession of the debtor, according to the act 
abovementioned, shall be duly served by the officer who re- 
ceives the same, and in case such officer shall not serve such 
writ of execution according to the directions therein given, or 
shall make a false or undue return, the aggrieved party shall 
and may have relief, on complaint thereof made to the assist- 
[245] ant or justice from whom it issued and to whom it ||was 
made returnable, who is hereby impowered to enquire thereof 
by the evidence produced ; and if the officer be found in de- 
fault, the assistant or justice may set a suitable fine upon him 
and award damages to the party aggrieved, having respect 
unto the quantity or quality of the action and the peril that 
might have happened unto the aggrieved party by the delay 
which he suffered. And it is further provided, that either of 
the parties in the complaint aforesaid shall or may have 
granted to him an appeal to the county court in the same 
county. 

An Act for repealing an Act of this Assembly made and passed at 
Hartford May, 1 742, entituled An Act for the ascertaining and regu- 
lating the Coins and Currencies, and for directing Processes and 
Judgments in this Colony, and for further directing Processes and 
Judgments in this Colony. 

Whereas there hat^h been diverse constructions put on the 
aforementioned act made in May, 1742, and great inconven- 
iencies happened thereby : For remedy whereof. 

Be it enacted hy the Crovernor, Council and Representatives, 
in General Court assembled, and hy the authority of the same, 
That the said act be repealed, and the same, with every part 
and paragraph thereof, is hereby repealed and made void. 



1744.] OP CONNECTICUT. 41 

Be it further enacted hy the authority aforesaid, That all 
processes and suits on bills, bonds, notes and other contracts, 
shall be brought for the recovery of that coin or currency 
which is expressed or plainly understood to be the coin or 
currency contracted for in such bill, bond, note or other 
contract. 

Tiiis act not to take place till the first day of July next. 

An Act in Addition to an Act for the further Direction of Sheriffs and 
Constables in their OflBce. 

Be it enadted by the Crovernor, Council and Representatives^ 
in G-eneral Court assembled, and by the authority of the same, 
That whenever any sheriff or constable, by virtue of any exe- 
cution, shall seize any goods or chattels, to answer and satisfy 
such execution, and any person shall appear to receive such 
goods into his care, and shall give to such sheriff or constable 
a writing by him well executed, expressing the receipt of such 
goods taken by such sheriff or constable, and therein promise 
to redeliver such goods to the said sheriff or constable, and 
shall fail of performing accordingly, and any action be brought 
by such sheriff or constable against such person upon such 
writing, there shall not be allowed any appeal or review in 
such cause. 

Be it further enacted by the authority aforesaid, That when 
any action or complaint is brought against any sheriff or con- 
stable for neglect in his service of any writ of execution, or a 
false or undue return thereon, the writ or complaint brought 
against such officer shall be served at least fourteen days be- 
fore the sitting of the court wherein it is to be tryed. 

An Act in Addition to the Law entituled An Act for punishing Capital 

Offenders. 

Be it enacted by the Crovernor, Council and Representatives, 

in G-eneral Court assembled, and by the authority of the same, 

That if any person, of malice forethought, and by lying in wait, 

shall cut or disable the tongue, put out an eye or eyes, so that 

the person is made blind, or by cutting off all or any one of 

his privy members, wdth an intent to maim him or disfigure 

him, or that shall be aiding or assisting therein, shall be put 

to death. 

An Act providing' that the Laws of this Colony be revised. 
Be it enacted by the Governor, Council and Representatives^ 
in General Court assembled, and by the authority of the same, 
That Thomas Fitch, Esq., be desired and impowered, and he 
is hereby desired and fully impowered, to inspect the acts and 
laws made and passed by this Assembly, and having revised 
the same to put them into a form fitting for the press ; in ef- 
fecting whereof he is directed to take care that no alteration 

6 



42 PUBLIC RECORDS [May, 

be made in those acts and laws that relate to and secure the 
freeholds of his Majesty's subjects in this Colony, but that the 
same shall remain as heretofore : but those acts and laws that 
relate only to manner and method of proceeding in civil or 
criminal causes, or other things that relate to the government 
of his Majesty's subjects here, and are provided for by later 
acts, which have superseded the more ancient ones, are to be 
omitted, and not put into the laws to be printed on such revi- 
sal. And the said Thomas Fitch, Esq., shall lay his doings 
before the General Assembly in October next. 

This Assembly appoints Capt. Israel Newton to be a Justice 
of the Peace in and for the county of Hartford the year en- 
suing. 

[_-y4DJ An Act for making' and emitting Bills of Credit. 

Be it enacted hy the Governor^ Council and Representa- 
tives, in General Court asseinhled, and hy the authority of 
the same, That there be forthwith struck a certain number of 
bills of credit on this Colony, in suitable sums from one shill- 
ing to three pounds, to the amount of four thousand pounds, 
and no more, and shall be stamped on the new plates, with tiie 
addition of the date of May the 10th, 1744, and signed by the 
committee last appointed for signing of the bills of credit of 
this Colony; the said committee to be under oath for the 
faithful mai)agement of the affair, and to deliver the said bills 
into the hands of the Treasurer of this Colony, taking his re- 
ceipt for the same. 

And it is further enacted by the authority aforesaid, That 
the Treasurer be and is hereby impowered to issue forth and 
pay the said sum of four tliousand pounds towards the pay- 
ment of the debts of this Colony, according to such orders as 
shall be given to liim according to law, from time to time. 

And, as a fund and security for the repayment and drawing 
in of the said bills into tlie treasury again, this Assembly 
grants a tax or rate of four thousand two hundred pounds as 
silver money at eight shillings per ounce troy weight sterling 
alloy, to be levyed on polls and the rateable estate within this 
Colony, to be paid into the treasury at or before tho last day 
of May, an7io Bom. 1760, to be paid in the bills by this act 
emitted, in good silver at eight shillings per ounce troy weight 
sterling alloy, as aforesaid, in gold equivalent thereto, or in 
bills of credit on this Colony of other emissions according to 
their value at the time of payment compared with silver at 
the rate aforesaid. 

This Assembly grants to the Honourable Jonathan Law, Esq., 
Governor, for his first half-year's salary the current year, the 
sum of seventy pounds in new tenour bills. 



1744.] OF CONNECTICUT. 43 

This Assembly grants to the Honbie Roger Wolcott, Esq., 
Deputy Governor, the sum of thirty-five pounds new tenour 
bills, for his half-year's salary the current year. 

This Assembly grants to Mr. Secretary Wyllys, for his sal- 
ary this current year, the sum of six pounds new tenour bills. 

This Assembly grants unto Colo. John Whiting, Treasurer, 
for his salary the current year, the sum of thirty-five pounds 
new tenour. 

This Assembly grants Eliakim Palmer, Esq., our agent at 
Great Britain, the sum of two hundred and fifty pounds in old 
tenour bills for the current year. 

This Assembly grants unto Mr. Timothy Green, printer, for 
his last half-year's salary in printing for the Governor and 
Company, the sum of fifteen pounds new tenour bills, and 
that an order be given to Colo. John Whiting, Treasurer, to pay 
the same. 

Whereas this Assembly hath been drawn out to such a 
length that all the members tliereof cannot, without great dif- 
ficulty, stay to hear the records read off: This Assembly do ap- 
point Nathaniel Stanly, Ozias Pitkin, William Pitkin^ E&q'^, 
Capt. John Marsh, Mr. Joseph Buckingham, Major Henry Al- 
lyn, and* Capt. Roger Wolcott, a committee to attend his 
Honour the Deputy Governor, to hear the acts and doings of 
this Assembly read off, and then see them signed by the Sec- 
retary as perfect and compleat. 

The several Acts, Grants, Orders and Resolves of this As- 
sembly, as they stand entered on the pages of this book next 
preceding, were read off in the presence of his Honour the 
Deputy Governor and the committee above named, and signed 

George Wyllys, Secretary. 



[247] Anno Regni Regis Cfeorgii secundi octavo-deoimo. 

Connecticut \ 
Colony. \ 

At a General Assembly holden at New Haven in his Maj- 
esty's English Colony Connecticut in New England in 
America, on Thursday the 11th day of October, and 
continued by several adjournments until the 2d day op 
November next following, annoque Domini, 1744. 

Present : 
The Honourable Jonathan Law, Esq"", Governor. 
The Hon^^'e Roger Wolcott, Esq"", Deputy Governor. 



44 PUBLIC RECORDS [Oct. 

James Wadsworth, Esq"", William Pitkin, Esqf, "^ 
Nathaniel Stanly, Esq^ Thomas Fitch, Esq"-, | ^^^^•^^_ 
Joseph Whiting, Esq"", Roger Newton, Esq^, )- ^^^^ ' 
Timothy Pierce, Esq',- Ebenez'' Silliman, Esq% I 
Samuel Lynde, Esq^, John Bulkley, Esq"", J 

Representatives or Deputies that attended at the Assembly are 
as foUoiv, (viz :) 

Mr. Joseph Buckingham, for Hartford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman for New- 
London. 

Mr. Jonath'i Huntington, Mr. Ebenezer Wales, for Windham. 

Cupt. John Stephens, Mr. Joseph Wilcox, for Killingsworth. 

Colo. Jonathan Hoit, Capt. Jonath" Maltbie, for Standford. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon. 

Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor. 

Mr. Elisha Williams, Colo. John Cliester, for Weathersfield. 

Mr. William Wittar, Mr. Nath' Brown, for Preston. 

Mr. William Buel, Mr. John Phelps, for Hebron. 

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield. 

Mr. John Dixson, Mr. Charles Campbell, for Voluntown. 

Mr. Paul Welch, Mr. John Warner, for New Milford. 

Mr. Hez'' Brainerd, for Haddam. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Major Andrew Burr, Capt. Samuel Burr, for Fairfield. 

Colo. Hez'i Huntington, Mr. Ebenez"" Backus, for Norwich. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury. 

Mr. James Benedict, Capt. Daniel Olmstead, for Ridgefield. 

Mr. Boaz Starns, Capt. John Dwight, for Killingly. 

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield. 

Capt. John Higgs, Capt. Samuel Bassett, for Derby. 

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury. 

Capt. Nath' Harrison, Mr. Jonath" Russell, for Brandford. 

Mr. Daniel Gates, for East Haddam. 

[248] Capt. Jedadiah Chapman, Mr. Ambrose Whittlesey, for 
Say brook. 

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford. 

Mr. Thomas Benedict, Mr. Samuel Fitch, for Norwalk. 

Mr. Asahel Strong, Capt. Hezi' Lee, for Farmingtown. 

Capt. James Bebee, Capt. Thomas Stephens, for Danbury. 

Capt. Thomas Stores, Mr. Josiali Conant, for Mansfield. 



1744.] OP CONNECTICUT. 45 

Major Elihu Chaunccy, Capt. Robert Fairchild, for Durham. 
Colo. Edmund Lewis, Capt. Theophilus Nickols, for Stratford. 
Mr. John Southmaid, for Waterbury. 
Capt. Leicester Grosvenour, Mr. Ebenezer Holbrook, for Pom- 

frett. 
Capt. Ebenezer Mead, Capt. John Mead, for Greenwich. 
Mr. Joseph Denison, Mr. Simon Minor, for Stoningtown. 
Major Jabez Hamlin, Mr. Setii Wetmore, for Midletown. 
Mr. Robert Knowlton, Mr. William Wadkins, for Ashford. 
Mr. John Griswould, Capt. John Lee, for Lyme. 
Capt. Timothy Stone, Mr. Samuel Robinson, for Guilford. 
Colo. Christopher Avery, Mr. John Ledyard, for Groton. 

Major Andrew Burr, Speaker ) of the House of Representatives. 
Capt. John Fowler, Clerk \ ^ 

The Gentlemen nominated by the Votes of the Freemen of this Colony 
to stand for Election in May next are as follow, viz : 

The Honourable Jonathan Law, Esq"". 

The Honbie Roger Wolcott, Esq^. 
James Wadsworth, Esq"", Ebenez^ Silliman, Esq"", 

Nathaniel Stanly, Esq'-, Jonath" Trumble, Esq"", 

Joseph Whiting, Esq'", John Bulkley, Esq% 

Ozias Pitkin, Esq"^, Hez'i Huntington, Esq"", 

Timothy Pierce, Esq"", Major Andrew Burr, 

Samuel Lynde, Esq"", Colo. John Chester, 

William Pitkin, Esq"-, Mr. Elisha Williams, 

Thomas Fitch, Esq"", Colo. Samuel Hill, 

Roger Newton, Esq"", Mr. John Griswould. 

An Act directing how Jurys to attend the Courts of Tryal shall for the 
Future be chosen and appointed. 

Se it enacted bij the Grovernor, Council and Representatives, 
in Greneral Court assembled, and by the authority of the same, 
That the civil authority, selectmen, constables and grand jury- 
men in the several towns hereafter named, sometime in the 
month of January annually, shall assemble and chuse to serve 
as jurymen at the several county and superior courts, of their 
able judicious freeholders, each having a freehold estate rated 
in the common list at fifty shillings, the number to each town 
hereafter mentioned. 

And, in order that the jurys may be indifferently appointed 
to serve at the several county and superior courts. 

It is hereby further enacted, That in each -town hereafter 
named there shall be a box provided at the cost of the town, 
with a lock to it, which shall be put into the town clerk's 
hand ; and when any number of jurymen are chosen the town 



46 



PUBLIC RECORDS 



[Oct. 



[249] clerk shall write each man's name on a piece of paper 
by itself, and put the several names into the said box, and keep 
it in his possession ; and when any of the several constables 
shall receive a summons to summon any certain number of 
jurymen to attend any of said courts, he shall repair to the 
town clerk, and there in his presence, (and in case of his ab- 
sence, then in the presence of one of the selectmen of such 
town.) draw out the number that he is obliged to summon, 
without seeing- who he draws, until he has drawn them, and 
then shall ])i-oceed to summon the men whose names he has 
drawn : but if any or all of the men thus drawn shall at that 
time be gone from home, sick or otherwise unavoidably hin- 
dered from attending such court, his or their names shall be 
returned into said box, and others in manner aforesaid drawn 
and summoned in his or their room. 

And it is hereby further enacted^ That if any juror chosen, 
drawn and summoned as aforesaid, shall make default of ap- 
pearance accordmg to the direction of such summons, he shall 
forfeit and pay to the treasury of the county wherein such 
juror dwells the sum of three pounds old currency, unless the 
court to which he was summoned upon hearing his excuses 
shall judge them sufficient. 

Aiid it is hereby further enacted, That if any town here- 
after named shall neglect or refuse to provide such box, or 
their officers aforesaid sliall neglect to chuse such jurymen, 
such town siiall forfeit and pay to the treasury of the county 
to which such town belongs, the sum of twenty pounds old 
currency, to be recovered by the king's attorney of the county 
to which such town belongs, by action to be brouglit to the 
county court, in which tryal no appeal nor review shall be 
allowed. 



Here follows a list of the towns 
jurymen, and the number that each 

Hartford County. 



who by this act are to chuse 
toivn is to chuse : 

New Haven County. 



Hartford, 


twenty. 


New Haven, 


twenty. 


Weathersfield, 


twenty. 


Milford, 


twelve. 


Windsor, 


twenty. 


Wallingford, 


fifteen. 


Farmingtown, 


twenty. 


Brandford, 


ten. 


Midletown, 


twenty. 


Guilford, 


twelve. 


Symsbury, 


twelve. 


Durham, 


six. 


Glassenbury, 


ten. 


Derby, 


six. 


Hebron, 


ten. 


Waterbury, 


six. 



1744.] 



OP CONNECTICUT, 



47 



» New London County. 



Fairfield County. 



New London, 


fifteen. 


Fairfield, 


twenty. 


Norwich, 


fifteen. 


Stratford, 


twenty. 


Preston, 


fifteen. 


Norwalk, 


twenty. 


Stoningtown, 


fifteen. 


Stand ford, 


twelve. 


Groton, 


fifteen. 


Danbury, 


twelve. 


Lyme, 


fifteen. 


Newtown, 


twelve. 


Say brook. 


fifteen. 






Killingsworth, 


fifteen. 


• 






Windham 


County. 






Windham, 


twelve. 






Lebanon, 


twelve. 






Coventry, 


twelve. 






Plainfield, 


twelve. 






Canterbury, 


twelve. 






Pomfrett, 


twelve. 






Voluntown, 


twelve. 






Asliford, 


twelve. 






Mansfield, 


twelve. 





This act to continue in force for the space of two years from 
the rising of this Assembly, and no longer. 

Whereas there is now a considerable sum in bills of credit 
in the hands of Jabez Huntington, Esq., sheriff of the county 
of Windham, received by him to answer an execution taken 
out by Roger Wolcott, James Wadsworth, Thomas Fitch, 
John Bulkley and Joseph Fowler, Esq^^., agents for this Col- 
ony, against Winslow Tracey, of Norwich, and Capt. Brown, 
of Lebanon, 

It is now resolved, That the bills received by the sheriff, as 
aforesaid, be by him delivered to the Honourable Roger Wol- 
cott, Esq., who is hereby ordered and impowered to receive 
them and endorse the same on the execution. And the said 
Roger Wolcott, Esq., is further ordered to deliver said bills 
into the treasury of this Colony, taking the Treasurer's re- 
ceipt for the same, and to lodge the receipt with the Secre- 
tary. And the Treasurer is ordered to put off said bills in 
payment of the publick debts of this Colony. 

[250] This Assembly do establish and confirm Mr. Ebenezer 
Allyn to be Lieutenant of the second company or trainband in 
the town of Groton, and order that he be commissioned ac- 
cordingly. 

Tbis Assembly do establish and confirm Mr. Joseph Mor- 
gan to be Ensign of the second company or trainband in the 
town of Groton, and order that he be commissioned accord- 
ingly. 



48 PUBLIC RECORDS [Oct. 

This Assembly do establish and confirm Mr. Timothy 
Phelps to be Captain of the company or trainband in the town 
of Union, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Badger 
to be Lieutenant of the company or trainband in the town of 
Union, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Cliristopher 
Peake to be Ensign of the company or trainband in the town 
of Union, and order that he be commissioned accordingly. 

Tins Assembly do establish and confirm Mr. Silas Long to 
be Ensign of the first company or trainband in the town of 
Coventry, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Peter Buel to 
be Captain of the first company or trainband in the town of 
Coventry, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Asahel Strong 
to be Captain of the second company or trainband in the town 
of Farmingtown, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Morgan, 
jun., to be Captain of the fourth company or trainband in 
the town of Groton, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Robert Goer 
to be Lieutenant of the fourth company or trainband in the 
town of Groton, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Job Tyler to 
be Ensigu of the fourth company or trainband in the town of 
Groton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Israel Wood- 
ward to be Captain of the lower company or trainband at the 
north parish in the town of Lebanon, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Benajah Bill 
to be Lieutenant of the lower company or trainband at the 
north parish in the town of Lebanon, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Smalley to be Ensign of the lower company or trainband at 
the north parish in the town of Lebanon, and order that he 
be commissioned accordingly. 

This Assembly do establish and confirm Mr. Eleazer Hutch- 



1744.] OP CONNECTICUT. 49 

inson to be Captain of the upper company or trainband at the 
north parish in the town of Lebanon, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Ephraim 
Sprague, jun., to be Lieutenant of the upper company or train- 
band at the north parish in the town of Lebanon, and order 
that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathaniel Gush- 
man to be Ensign of the upper company or trainband at the 
north parish in the town of Lebanon, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Joshua Hutch- 
ins to be Lieutenant of the fourth company or trainband in 
the town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. John Perkins 
to be Ensign of the fourth company or trainband in the town 
of Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Isaac Gallup 
to be Captain of the middle company or trainband in the 
town of Voluntown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establis*li and confirm Mr. Ephraim Cook 
to be Ensign of the south company or trainband at the parish 
of New Cheshire in Wallingford, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. James Hide 
to be Ensign of the second company or trainband in the town 
of Norwich, and order that he be commissioned al^cordingly. 

[251] This Assembly do establish and confirm Mr. Moses 
Hawkins to be Captain of the first company or trainband in 
the town of Derby, and order that he be commissioned ac- 
cordingly. 

Tbis Assembly do establish and confirm Mr. Joseph John- 
son to be Ensign of the first company or trainband in the 
town of Derby, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Daniel Porter 
to be Captain of the first company or trainband in the town 
of Stratford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Ebenezer Coe 
to be Lieutenant of the first company or trainband in the 
town of Stratford, and order that he be commissioned accord- 
ingly. 

7 



50 PUBLIC RECORDS [Oct. 

This Assembly do establish and confirm Mr, James Beech 
to be Ensign of the first company or trainband in the town 
of Stratford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Abraham Wan- 
zer to be Lieutenant of the company or trainband in the south 
society in New Fairfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Stephen Brush 
to be Ensign of the company or trainband at the south society 
in New Fairfield, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. William Swan 
to [be] Ensign of the south part of the second company or 
trainband in Stoningtown, and order that he be commissioned 
accordingly. 

Upon the memorial of the parish of Unity in Fairfield coun- 
ty, in conjunction with the winter parish of Long Hill in 
said county, praying this Assembly to annex said winter par- 
ish to said Unity parish, grant a committee to view the cir- 
cumstances of the said memorialists, 

Resolved hy this Assembly, That Messrs. Samuel Mix, 
Stephen Howell and James Peck, jun., all of New Haven, be 
a committee to repair to said parishes, notify the inhabitants 
and view their circumstances, at their charge, and also view 
the circumstances of those inhabitants living in tlie parish of 
Stratfield in Fairfield bounds, mentioned in the remonstrance 
laid before this Assembly by said inhabitants, at the charge of 
Stratfield parish, and make report thereof to this Assembly in 
their present sessions. 

Upon the memorial of Benjamin Hurd the 2d, Jonathan 
Sand lord, John Leavensworth, Adam Hurd and Zebulon Leav- 
insworth, all of the first society in Woodberry, shewing this 
Assembly that they were very remote from the publick wor- 
ship in said first society, and nearly situate to the parish of 
Roxberry in said Woodberry, and praying this Assembly to 
annex them and their estates unto the said parish of Roxberry : 
Resolved by this Assembly, that the above memorialists and 
their estates be annexed unto the said parish of Roxberry ac- 
cordingly. 

Upon the petition of Samuel Mansfield of New Haven, 
sheriff, vs. William Karr of Lyme, setting forth that the said 
Karr brought his action against the petitioner for thirty 
pounds money damages, for sutFering one James Rhodes to 
escape after he was taken upon two certain executions in fa- 



1744.] OF CONNECTICUT. 51 

voiir of said Karr, by his writ dated the 25th day of March, 
1742, upon which action a final judgment was had against tlie 
petitioner at the superior court, lield in New Haven in August 
last, praying for a reversal of said judgment and a rehearing 
in said case, for the reasons in said petition assigned : It is 
enacted, granted and ordered by this Assembly, that the said 
judgment be set aside, and the same is iiereby annulled, set 
aside and made void, and the petitioner allowed another tryal 
of said cause in the superior court to be held at New Haven in 
and for the county of New Haven on the last Tuesday of 
February next, and that all cost follow the judgment in said 
tryal. 

Upon the memorial of Elizabeth Rogers and Peter Rogers 
in the county of New London, administrators on the estate of 
William Rogers, late of said New London, deceased, shewing 
to this Assembly that the debts due from the estate of the said 
William Rogers exceed the whole of his personal estate the 
sum of ,£141 8s. 9d. old tenour bills, and tiiereupon praying 
that this Assembly would give leave to sell so much of the 
lands or real estate of the said deceased as will be sufficient to 
pay the aforesaid debts, <fec.: Whereupon it is resolved by this 
Assembly, that Mr. John Tinker, of said New London, be ap- 
pointed to sell, and he is hereby appointed and authorized to 
sell so much of the real estate of the said William Rogers, de- 
ceased, for the payment of his debts, as will amount to the 
sum of <£141 8s. 9d. with the incident charges arising 
thereon, in old tenour bills of credit, taking the directions of 
the judge of probates in the county of New London in the 
sale thereof. 

[252] Upon the petition of Justus Bush, of Greenwich, vs. 
Reuben Close and Benjamin Close, jun., of said Greenwich, 
representing that he, said Brush, brought his action against 
the said Reuben Close and Benjamin Close, demanding fifty 
pounds lawful money damage, which action came to the supe- 
rior court in Fairfield in February, 174f , where judgment was 
rendered against the petitioner, from which he was admitted 
a review, but there being no "bond to prosecute the said re- 
view, the case at the superior court held in Fairfield in August 
last was dismissed ; and thereupon praying for liberty to enter 
his said action by way of review at the next superior court to 
be held in Fairfield : Resolved by this Assembly, that the 
said Justus Bush shall have liberty of a review of said case, 
and shall and may enter the same in the superior court to be 
held in Fairfield on the last Tuesday save one in February 
next, which shall be heard and tryed as though entered by 



52 PUBLIC RECORDS [Oct. 

review in the common course of the law : provided the peti- 
tioner, before such tryal, give bond before said court to prose- 
cute said review ; and that if the plaintiff in said action re- 
cover, the future cost only to follow the judgment, but if the 
defendants recover, the whole cost to follow the judgment ; 
and the execution taken out on the former judgment is hereby 
reversed and made void. 

Upon the memorial of Elizabeth Shackmaple, of New Lon- 
don, administratrix on the estate of John Shackmaple, Esq., 
late of said New London, deceased, shewing to this Assembly 
that the- real estate of the said John Shackmaple consisted in 
a warehouse and piece of beach, which is growing worse every 
day, and his estate much involved in debt, so that she was 
forced to sell her own estate for the payment of a great part 
of the price of said house since the decease of said John 
Shackmaple, and that she cannot subsist and bring up her 
children without the sale thereof, and thereupon praying 
that this Assembly would grant her liberty to sell the same : 
Whereupon this Assembly appoints and authorizes her, the 
said Elizabeth Shackmaple, to sell the said warehouse, taking 
the direction of the court of probate for the district of New 
London in the sale thereof. 

Upon the memorial of Mary Mackinzie, of New London, in 
the county of New London, administratrix on the estate of 
Roderick Mackinzie, late of said New London, deceased, 
shewing to this Assembly that the debts due from said estate 
surmount both real and personal estate of said deceased, 
praying for liberty to sell the real estate of the said Roderick 
in order to pay his just debts as shall be allowed by the com- 
missioners on said estate : Resolved by this Assembly, that 
the said Mary be impowered, and she is hereby impowered, 
to sell the real estate of said Roderick, deceased, for the pay- 
ment of said debts, taking the direction of the court of probate 
in the district of New London. 

Upon the memorial of Robert Foot, Samuel Baker and 
Nath'l Harrison, selectmen of^ the town of Brandford in 
the county of New Haven, shewing to this Assembly that 
Joshua Palmer of Brandford aforesaid, son of Joshua Palmer 
late of said Brandford, deceased, is an idiot and uncapable to 
contribute anything to his support, and that he has been sup- 
ported by said town for the space of one year last past, where- 
by charge has arisen on said town, and he having an estate 
left him in Brandford in lands and buildings and no move- 
ables to support him ; and thereupon praying that this Assem- 
bly would grant leave to the said selectmen to sell the lands, 



1744.] OP CONNECTICUT. 53 

&c., of the said Joshua Pahiier, for the payment of the charges 
arisen on said town, and for his future support and mainten- 
ance, as needed : Whereupon this Assembly authorizes and 
appoints and impowers Nathaniel Harrison, Samuel Baker 
and Robert Foot, of said Brandford, to sell the aforesaid lands 
and buildings of the said Joshua Palmer, taking the direction 
of the judge of probates for the district of Guilford in the sale 
thereof, and that an account of the expences and charge ad- 
vanced for the support and maintenance of said idiot be laid 
before the said judge of probates from time to time. 

This Assembly appoints Capt. Thomas Hotchkins Justice 
of the Peace for the county of New Haven until June next. 

Upon the memorial of Christopher Holmes, administrator 
on the estate of Eliphalett Holmes of EastHaddam, deceased, 
praying to this Assembly for liberty to sell so much of the 
lands of the said deceased as amounts to the sum of fifty-one 
[253] pounds eight || shillings and sixpence, lawful money : 
Resolved by this Assembly, that the said Christopher Holmes 
have liberty to sell so much of the lands of the said Eliphalett 
Holmes as shall amount to the sum of £51 8s. 6d., taking the 
advice of the judge of the court of probate in the district of 
East Haddam, together with the necessary charges arising on 
the sale thereof. 

This Assembly do appoint Major Jabez Hamlin Justice of 
the Quorum for the county of Hartford till June next. 

This Assembly do establish and confirm Mr. Isaac Bigelow 

to be Ensign of the south company or trainband in the town 

of Colchester, and order that he be commissioned accordingly. 

An Act to provide new Sails, Cable and some spare Rigging for the Col- 
ony Sloop Defence. 

Whereas the committee api)oiiited l)y this Assembly to con- 
sult what may be advisable to be further done relating to the 
war have informed this Assembly that the Colony sloop De- 
fence is under disadvantages of answering the end she is de- 
signed for, for want of a new main-sail, fore-sail and a gibb, 
as also for want of a new cable suitable for said sloop, and also 
for want of some spare rigging : Therefore, 

Be it enacted by the Grovernor, Council and Representatives, 
in Creneral Court assembled, and by the authority of the same, 
That Hezekiah Huntington, Esq., be appointed, and he is 
hereby appointed, forthwith toprocure a sufficient quantity ot 
good Hollands duck to make the sails aforesaid, and also a 
suitable cable for said sloop, and a suitable quantity of spare 
rigging for said sloop, and the said duck when purchased as 
quick as may be to transport to New London for the use of 
said sloop. 



54 PUBLIC RECORDS [Oct. 

Arid it is further enacted, That the sum of eight hundred 
pounds, old tenour, be forthwith drawn out of the treasury 
and put into the hands of the said Hezekiah Huntington, Esq., 
for tlie purcliasing of the things aforesaid, for which sum he, 
the said Huntington, Esq., shall account to the General As- 
sembly in May next. 

This Assembly do order and direct the Treasurer of this 
Colony, Colo. John Whiting, to attend the Assembly on the 
29th day of October instant, and bring with him a sufficiency 
of the bills of credit in his hands to defray the charges of this 
Assembly. 

Resolved hy this Assembly, That Nathaniel Stanly, Esq., be 
a committee fully authorized and impowered to make sale of 
a certain tract of land lying in the town of Litclifield, being 
about eighty acres, and is bounded and described on the re- 
cords of the town of Litchfield, and was lately the estate of 
John Sutlief of said Litchfield, and by him mortgaged and re- 
leased to the Governor and Company of tliis Colony ; and to 
take bond of tlie purchaser of the same on interest with suffi- 
cient sui"ety, allowing one year's time for payment from the 
date of said bond ; and also make and execute a proper deed 
of conveyance to the purchaser thereof, which shall be suffi- 
cient for the sure holding of the same ; and to lodge the bonds in 
the hands of the Secretary of this Colony, for the use of the 
government. 

Upon the memorial of Elnathan Rowley, administrator on 
the estate of Thomas Lewis, late of Midletown, deceased, 
shewing to this Assembly that the debts due from the estate of 
the said deceased exceeded his moveable estate the sum of £82 
12s. \d. and tliereupon praying that this Assembly would grant 
leave and liberty to make sale of so much of the real estate of 
the said deceased as may be sufficient to pay and satisfy the said 
sum of £82 12s. Id. bills of credit,, old tenour : Whereupon 
it is resolved by this Assembly, that the said Elnathan Rowley 
be appointed, and he is hereby authorized and impowered, to 
sell so much of the real estate of said Thomas Lewis, deceased, 
as may be sufficient to pay and satisfy the said sum of <£82 
12s. Id. with the incident charges arising thereon, taking 
the direction of the judge of probate in the district of Hart- 
ford on the sale thereof. 

This Assembly do establish and confirm Mr. Gideon Walker 
to be Captain of the Troop in the 13th regiment in this Colony, 
and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Eliezer Hin- 



1744.] OF CONNECTICUT. 55 

man to be Lieutenant of the Troop in the 13th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Riveriiis Car- 
rington to be Quarter-Master of the Troop in the 13th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

[254] Upon the memorial of Joseph Savage and Seth Wet- 
more, of Midletown in Hartford county, executors on the last 
will and testament of Joseph Whitmore, late of said Midle- 
town, deceased, shewing to this Assembly that the debts due 
from said estate surmount the personal estate of the said de- 
ceased the sum of c£28 16s. 4d., praying for liberty to sell so 
much of the real estate as to pay and answer said sum with 
necessary charges about the sale thereof : Resolved by this 
Assembly, that the said Joseph Savage, one of the memorial- 
ists, shall have liberty to, and he is hereby authorized to sell 
so much of said real estate as to answer said sum in old ten- 
our and charges, taking the direction of the court of probate 
in the county of Hartford. 

On the petition of Thomas Stow, of Midletown, vs. James 
Evarts, of Guilford, on the files : The question was put, 
whether the reasons assigned and offered under the demurrer 
to said petition are sufficient to set aside the same : Resolved 
by tliis Assembly in the affirmative. Cost alloived respondent 
is £2 lbs. 2d. old tenor. Ex. granted Nov. 2d, 1744. 

On the petition of Pardon Tabor, of New London, vs. James 
Rogers, of New London, &c.: The question was put, whether 
the prayer of said petition should be granted : Resolved by 
this Assembly in the negative. Cost allowed respondent is £8 
17s. 6d. old tenor. Ex. granted March 6th, 1744-5. 

On the petition of Caleb Abell, &c., of Lebanon, <fec., vs. Si- 
mon Tracey, of Norwich, on file: The question was put, whether 
there be error in the judgment complained of: Resolved 
by this Assembly in the negative. Cost agreed to hy the par- 
ties, £5 14s. Od. Paid in court hy the resp07idents. 

Upon the memorial of Abigail Wheeler and Thomas Ed- 
wards, both of Stratford, executors of the last will and testa- 
ment of Ebenezer Wlieeler, late of said Stratford, deceased, 
shewing to this Assembly that your memorialists were impow- 
ered by said deceased in his last will and testament to sell 
some parcels of land to him belonging, and especially forty 
acres at a place called Long Hill ; also shewing that twenty- 
three acres of said forty acres is under a mortgage to the Gov- 
ernour and Company of this Colony, as is particularly therein 



56 PUBLIC RECORDS [Oct. 

bounded and described ;. and praying that said mortgaged 
premises may be made over to said memorialists upon their 
paying the sum borrowed with the lawful interest and all dam- 
ages accruing on default, as per the memorial on file : Re- 
solvfed by this Assembly, that Nathaniel Stanly, Esq., and 
Capt. George Wyllys, are appointed, and they are hereby ap- 
pointed, authorized and fully impowered, to make over and re- 
lease to the said memorialists the said mortgaged premises, on 
their paying into the Colony treasury the sum of one hundred 
pounds in bills of credit on this Colony with the lawful inter- 
est which shall be due at the time of payment. 

Whereas tliis Assembly did at their sessions in May last, 
upon the memorial of the towns of Stoningtown and Groton, 
appoint and impower Messrs. Simon Lothrop, Richard Hide, 
and Ebenezer Hartshorn, all of Norwich, a committee to run 
the line and ascertain the bounds between said towns, at the 
charge of the memorialists, and to make report to this Assem- 
bly in their present sessions ; and whereas the agents of said 
towns have informed tliis Assembly that by the act of Provi- 
dence said committee were prevented from performing said 
service, and desiring that their power may be continued and 
they directed to make their report in the premises to this As- 
sembly at their sessions in May next : Resolved by this As- 
sembly, that the power of said committee be continued accord- 
ingly, and they are hereby directed to make report of their 
doings in the premises to this Assembly at their sessions in 
May next. 

Upon the memorial of John Bowton, administrator on the 
estate of Daniel Bowton, late of Sharon in the county of New 
Haven, deceased, shewing to tliis Assembly that the debts due 
from the estate of the said deceased surmounts the personal 
estate the sum of £79 Os. Od. of the old currency, praying to 
this Assembly for liberty to sell so much of the real estate of 
the said deceased as shall amount to the sum of X79 Os. Od. 
of the old currency with the charges arising thereon : Resolved 
by this Assembly, that the memorialist have liberty, and he is 
hereby authorized and impowered, to sell so much of the real 
estate of the said deceased as shall amount to the sum of 
£79 O.s'. Od. of the old currency and the necessary charges 
arising thereon ; taking the direction of the court of probate 
in the district of Litchfield therein. 

[255] Upon the memorial of John Clark and others, 
inhabitants of the third society in Middletown in Hartford 
county, shewing to this Assembly that those of them that live 
nearest to the place of publick worship were more than five 



1744.] OP CONNECTICUT. 57 

miles distance tlierefrom, and some near ten miles distance, 
the roads bad, <fec., praying for liberty to be released from 
paying publick taxes to the support of the minister in said 
society on their hiring an orthodox minister among themselves, 
and that they may be enabled to raise taxes on their polls and 
rateable estate on themselves and others within the bounds 
hereafter mentioned, (viz :^ beginning at the northeast corner 
of Midle-Haddam bounds, next to Colchester bounds, and 
from thence running west by a highway to another highway 
that runs northerly, on the west side of a hill called the great 
hill, then turning and running northerly by said highway to 
the south end of said hill, then northeasterly by the west 
side of said hill until it comes to the three mile division, so 
called, thence by said division to Glassenbury bounds, then 
east by said bounds to Colchester bounds, southerly by said 
bounds to the first mentioned place : Resolved by this Asseni- 
•bly, that the said memorialists, and all others that now live 
or shall live within said bounds, shall be exempted from pay- 
ing taxes to the support of the ministry in said third society, 
on their hiring an orthodox minister among themselves at 
least eleven months in a year, yearly ; and that the said John 
Clark warn all the inhabitants within said bounds to meet at 
some place by him to be appointed, at least five days before 
said meeting, and when they are so met they shall have pow- 
er, and are hereby impowered, to choose a moderator and 
clerk and such other officers as are needful, and to grant and 
collect rates or taxes on the polls and . rateable estate of said 
inhabitants for the support of the ministry, as is provided in 
the laws of this Colony respecting societies ; and that said 
clerk take the oath provided in the law for society clerks. 

Whereas this Assembly did at their sessions in May last ap- 
point and impower Colo. Joseph Minor and Colo. William Pres- 
ton a committee to go and view a certain tract of land lying 
within the bounds of this Colony on the west side of Ousa- 
tunuck river, bounded on said river on the east, and on Sharon 
on the north, and on New Fairfield on the south, adjoyning 
on the west to the dividend line between the Province of 
New York, &c., and to examine the rights or pretensions of 
the claims of such persons that have now entered thereon, 
and to make their report of what they find and the circum- 
stances respecting the same, to this Assembly at their present 
sessions ; and whereas by the providence of God the com- 
mittee aforesaid have not yet been capable to perform said 
service : Whereupon it is resolved by this Assembly, that the 



58 PUBLIC RECORDS [Oct. 

committee's power aforesaid be continued, and tliat they make 
their report to this Assembly on the premises in May next. 

Whereas this Assembly, at their sessions in October anno 
Domini one thousand seven hundred and forty, granted unto 
Messrs. Thomas Fitch, George Wyllys and Robert Walker, 
the sole liberty of making steel in this Colony for tlie space 
of fifteen years, on condition they begun and performed said 
work in two years, &c., and the said time being past and the 
condition not performed, this Assembly, at their sessions in 
October last, renewed said grant on the condition they, the 
said undertakers, their executors &c., should make half a 
tun of steel before the sessions of this court; and whereas 
Aaron Eliott, the overseer of said affair in behalf of said un- 
dertakers, has certified and made evident to this Court that 
the said undertakers or their assigns have made half a tun 
of good steel in this Colony at their furnace at Symsbury by 
them erected for that purpose : Whereupon this Assembly 
do declare and determine that the said condition is performed 
according to the tenour and meaning thereof, and order that 
this determination be entered on the records of the Colony 
as an evidence thereof. 

An Act for advancing Grand Jurors' Fees. 
Be it enacted by the Grovernor, Council and Representatives, 
in Creneral Court assembled, and by the authority of the same, 
That each grand juror that shall be summoned to attend on 
any superior or county courts shall be allowed six shillings 
per diem for their attendance on such courts, in old tenour 
currency ; any law, usage or custom, in any wise to the con- 
trary notwithstanding. 

[256.] Upon the report of Messrs. Benjamin Hall, John 
Southmaid and Samuel Hickcox, a committee appointed by 
this Assembly in May last to affix a place in the first society 
in Woodberry to build a meeting house upon, shewing this 
Assembly that they, having viewed the circumstances of said 
society and heard the parties on the premises, have set up a 
stake with stones laid about it on the hill about forty rods 
north from the old meeting-house, at the head of the street 
or highway that runs westward, and in the large street that 
runs north and south ; which place said committee was of 
opinion was the most convenient place for said society to 
build a meeting-house upon : Resolved by this Assembly, 
that the report of said committee be accepted, and the place 
aforesaid is established and ordered to be the place for said 
society to build a meeting-house upon accordingly. 

Upon the petition of Jarvis Rhoads, of Fairfield, shewing 



1744.] OF CONNECTICUT. 59 

that on complaint against liim for robbery, he was bound in 
a recognizance of forty pounds, lawful money, with a surety, 
personally to appear before the superior court held in Fairfield 
in August last, to answer thereto and abide the judgment of 
said court, and that he being absent when called, his recog- 
nizance was by said court declared to be forfeited ; and pray- 
ing for relief in the premises, alledging that through misadvice 
and mere mistake he happened to be absent when called : 
Resolved by this Assembly, that the said Jarvis Rhoades have 
liberty to enter the said case and matters relating thereto in 
the superior court to be held in Fairfield on the last Tuesday 
save one in February next, and submit to a legal tryal therein ; 
which matters the said superior court are hereby impowered 
to hear and determine ; and if the said Rhoads shall so submit 
to a tryal and abide the judgment that shall be given therein, 
then the said recognizance and judgment declaring the 
forfeiture thereof shall be void. 

Whereas anciently the Kings' letters, instructions, <fec., and 
letters from the Secretaries of State, Board of Trade, <fec., 
with the answers thereto, and other writings of publick con- 
cern, were entered in a book of records kept for that purpose, 
which practice was continued for many years, but has for 
some years been neglected ; and whereas those ancient records 
are found to be of great use and service : Whereupon it is 
resolved by this Assembly, that the Secretary of this Colony 
do, and he is hereby directed to procure a suitable book for 
the use of this Colony, for recording the King's letters, 
orders or instructions, letters and instructions from the Sec- 
retaries of State and from the Board of Trade, and other 
writings of general and publick concern to this government, 
and the answers thereto, and therein to record such matters 
of publick concern as are not yet recorded and he can obtain 
for that purpose, and also to record from time to time such 
matters as shall be sent to or from this govermnent ; which 
book shall be kept in the Secretary's office and be for the use 
of this Assembly from time to time. And his Honour the 
Governor is desired to assist the Secretary in collecting the 
said matters, not yet entered, in order to be recorded ; and 
the Secretary shall be allowed reasonable satisfaction for his 
service herein.* 

Upon the memorial of J ames Levinze and others, inhabitants 
of the first society in Killingly, shewing to this Assembly that 
this Assembly did, in May, A. D. 1742, appoint a committee to 
repair to said society and view the same and affix a place for a 

* Unhappily this resolve does not seem to have been put in execution. 



60 PUBLIC RECORDS [Oct. 

meeting-house &c., which committee did affix a place for a meet- 
ing-house, and made their report thereof, and the same was 
approved and confirmed ; and thereupon praying this Assem- 
bly to set aside and make void the i-eport of said committee 
and appoiiit another committee to go to said society and view 
the circumstances of the same, and to draw a line in order 
to divide said society into two distinct ecclesiastical societies: 
Whereupon it is resolved by this Assembly, that Colo. 
Hezekiah Huntington, of Norwich, Mr. Simeon Minor, of 
Stonington, and Capt, Joseph Addams, of Canterbury, be 
[257] II a committee with full power to repair (at the cost of 
the memorialists) to said society as soon as may be with con- 
veniency, view the same and hear all parties concerned, and 
if they judge that said society ought to be divided into two 
distinct ecclesiastical societies, that then they draw a line in 
order to divide the same, and make their report thereon to 
this Assembly in May next : but if said committee shall be of 
opinion that said society ought not to be divided, that then 
the committee inform said society what their opinion is, and 
that said society ought not to be divided ; and thereupon the 
society shall proceed in building and finishing their meeting- 
house, at the place where it is now stated. 

Upon the petition of Benjamin Cogshall and Elizabeth his 
wife, and Samuel Jones and Hannah his wife, all of Stratford 
in Fairfield county, against James Dunlop of said Stratford, 
praying this Assembly to set aside and make void the act and 
decree of this Assembly, referred to and set forth in said peti- 
tion, and enquire into the whole circumstances of the case on 
which said act or decree was past, and determine thereon 
in equity : Whereupon it is resolved by this Assembly, that 
there shall be a re-enquiry in the said case, and therefore grant 
that a committee be appointed to that purpose; and thereupon 
this Assembly do appoint Jonathan Hoit of Standford, Esq'', 
John Hubbard, Esq •■. and Mr. Samuel Mix, both of New Haven, 
a committee to enquire into all the matters set forth and re- 
ferred to in said petition, and do hereby fully authorize an^ 
impower said committee to appoint time and place, and give 
the parties concerned therein seasonable notice thereof, and 
enquire into all the matters set forth and referred to in said 
petition, and the circumstances relating to the same, by 
examining the parties under oath if they shall think neces- 
sary, and all other evidences by the parties produced or either 
of them, together with all other things by the said parties 
or either of them laid before said committee relating to said 
case, and upon the whole of what they find in the premises 



1744.] OP CONNECTICUT. 01 

together with tlie evidences so taken, make return thereof 
to this Assembly in their sessions at Hartford in May next, 
with their opinion upon the whole case. 

An Act for the Regulating-, the Serving and Returning of Writs and Peti- 
tions and Entering Appeals. 
Be it enacted ly the Govenor, Council and Representatives, in 
Creneral Court assembled, and by the authority of the same. 
That from and after the first day of March next, all original 
and judicial writs (except executions) in civil cases, and pe- 
titions and memorials (wherein there shall be any party or 
parties to 1)C notifyed,) returnable to any superior or county 
court or to the General Assembly, shall be served at least 
twelve days inclusive before the day of such courts sitting or 
day of appearance; and that such writs as are made returna- 
ble to the county courts shall be returned to the clerks of said 
courts on the day before the sitting of such county courts, and 
not afterwards ; and that all appeals to any of the superior or 
county courts shall be entered in such courts respectively be- 
fore the second opening of such court, and not after, unless 
the appellant shall pay to the appellee all his cost in such case 
arisen to that time, to be taxed by the court, which being done 
the action may be entered by the appellant before the jury at- 
tending such court are dismissed, and not after ; which cost 
so taxed and paid shall not be considered nor allowed in mak- 
ing up the bill of cost in the final determination of the case ; 
any law, usage or custom to the contrary in any wise notwith- 
standing. 

Upon the report of Messrs. John Bulkley, Roger Wolcott and 
Joseph Phelps, a committee appointed by this Assembly in May 
last to repair unto and view the circumstances of the second 
society in Mansfield, in order to affix a place for a meeting- 
house in said society, reporting to this Assembly that the most 
suitable place for a meeting house in said society is on the end 
of the hill on the westerly side of Springy Hill road, about ten 
rods southerly of the dwelling house of Zachariaii Paddock, 
near a rocky |)lace, which then, (viz.') at the time of said view, 
was on the land of said Zachariaii Paddock, but now made 
over by said Paddock to the said society, upon which place 
the said committee have set a stake : This Assembly do affix 
the said place, were the stake is set by said committee, for the 
place for the said society to build a meeting house on for said 
society. 

[258] Upon the report of Messrs. Benjamin Hall, John 
Southraaid and Samuel Hickcox, a committee appointed by 
this Assembly in May last to affix a place for the* inhabitants 
of Roxberry parish in Woodbury to build their meeting-house 



62 PUBLIC RECORDS [Oct. 

upon, reporting to this Assembly that they, having viewed 
the circumstances of said society and heard the parties on the 
premises, are of opinion that within twenty or thirty feet of 
their old meeting house is the most convenient place for said 
society to build their meeting house upon : Resolved by this 
Assembly, that the report of said committee be accepted and 
approved, and the said society is hereby ordered to build their 
meeting liouse at said place accordingly. 

Upon tlie memorial of the reverend Trustees of Yale Col- 
lege in New Haven, respecting the repairing the rector's house : 
Resolved by this Assembly, that the said house, both roof and 
sides, be new covered, the sides coloured, and the windows 
filled with sash glass; and Capt. John Hubbard and Mr. Sam- 
uel Mix of New Haven are hereby appointed a committee to 
take care of and procure said work to be done and lay their ac- 
count thereof before this Court at tlieir sessions in May next. 
And this Assembly orders the Treasurer of this Colony to pay 
and deliver to the said committee the sum of two hundred 
pounds in bills of credit, old tenour, to be improved for that 
purpose. 

Upon the petition of John Winthrop, Esq., of New London? 
shewing and reciting that John Richards, Esq., and Margaret 
Douglass and William Douglass, all of New London, said Mar- 
garet and William being executors of the last will and testa- 
ment of Ricliard Douglass, late of said New London, deceased, 
brought their petition to the General Assembly at New Haven, 
October, 1740, setting forth that Major General Wait Win- 
throp, Esq., executor to the last will and testament of Fitz- 
John Winthrop, Esq., became bound unto Robert Lattimore, 
James Rogers and Joshua Hempstead, Esq''s., all of New Lon- 
don, a committee for said town, in a bond of six hundred 
pounds lawful money of New England, conditioned for pay- 
ment of seven hundred and fifty ounces of silver, &c. ; that 
said Wait Winthrop, Esq., died intestate, an7io Domini 1717 ; 
that, 17!^5-6, letters of administration, which had been granted 
to said John Winthrop, Esq., were reversed and administra- 
tion on the estate of said intestate committed to Thomas Lech- 
mere, Esq. ; that A.D. 1726, said Lechmere, having been im- 
powered to sell lands to pay said obligation, sold to them, the 
then petitioners, three hundred seven acres of the lands of 
said intestate, on consideration whereof they, by their own ob- 
ligation satisfying and securing said New London committee, 
procured and obtained to be delivered up to said Thomas 
Lechmere the said bond by said Wait Winthrop, Esq., exe- 
cuted as abovesaid ; that they having been ousted of said 



1744.] OF CONNECTICUT. 63 

lands, in pursuance of an act of tlie King and Council, said 
Lechraere gave and delivered to them the said bond by said 
Wait Winthrop, Esq., executed, to and for tlieir own use, to 
have and recover the sum thereon due, and that 'accordingly 
they ought to have and recover the same, and tlierelore 
prayed a decree in their favour ; and said John Winthrop, 
Esq., further shewing that the General Assoml)ly, in October, 
1741, (to which said petition came by continuance,) did there- 
upon decree, (i'/2.) that the said complainants siiall recover 
against the defendant of the estate of the said deceased Wait 
Winthrop, Esq., "' the said principal original debt, with the 
lawful interest thereof, (v/a;.) the sum of five hundred sixty- 
two pounds ten shillings lawful money of New England, and 
their cost of prosecution allowed to be thirteen pounds tliir- 
teen shillings and four pence ;" that sundry successive execu- 
tions have thereon been issued, and the sheriff, so understand- 
ing the words of said decree and executions, has ever 
demanded and insisted upon lawful money as ascertained in 
the late act of this Colony made since said decree in payment 
of said execution, to his, said John Winthrop's, grievous 
wrong ; and thereupon praying a reversal of said decree, or 
that it be now ordered and decreed that said sum of five hun- 
dred sixty-two pounds ten shillings and thirteen pounds thir- 
teen shillings and four pence in bills of credit be accepted 
[259] in full satisfaction of said || decree or execution thereon: 

Resolved by this Assembly, That the said bond given by said 
Wait Winthrop, Esq., dated July 13th, 1709, is within the 
meaning and regulation of the law of this Colony made in Oc- 
tober, 1718, entituled An Act for the further encouraging the 
currency of the bills of publick credit and for preventing the 
oppression of debtors ; and that the said decree of the General 
Assembly in October, 1741, may be answered and satisfyed 
by the payment of the sum of five hundred sixty-two pounds 
ten shillings in bills of credit on this Colony, and the sum of 
thirteen pounds thirteen shillings and four pence in like bills 
for cost. 

Ayid it is hereby also enacted and decreed, That if the said John 
Winthrop, Esq., shall pay or tender the said sum of five hun- 
dred sixty-two pounds ten sliillings and thirteen pounds thir- 
teen shillings and four pence in good and lawful bills of credit 
on this Colony, in satisfaction of said decree and execution 
thereon, he shall not be further liable to have such execution 
further served or levyed upon his body or estate. 

Resolved by this Assembly^ That Nathaniel Stanly and Wil- 
liam Pitkin, Esq''^, be a committee to settle all accounts relat- 



64 PUBLIC RECORDS [Oct. 

ino; to tlie sloop Defence, for the current year, and to draw an 
order or orders on the Treasurer for the payment of what 
shall be found due. 

Upon the memorial of Nathaniel Stone, of Guilford, pray- 
ing this Assembly to set him and his estate off from the so- 
ciety of East Guilford, to which he was annexed last May, 
and annex him to the first society in said Guilford, as per his 
memorial on file : Resolved, enacted and granted by this As- 
sembly, tbat the memorialist be, and he with his estate are 
herel)y taken off from the society of East Guilford and freed 
from all society and ministerial taxes and rates to said East 
Guilford society, and the said memorialist and his estate are 
hereby annexed to the first society in Guilford. 

Upon the memorial of the parish of Unity, in Stratford, 
with tbe inhabitants of the winter parish of Long Hill in said 
Stratford, praying to this Assembly to be united into one dis- 
tinct ecclesiastical society, or for a committee to view their 
circumstances in order to their being united into one society 
as aforesaid ; and tbis Assembly having appointed a commit- 
tee as pi'ayed for, who having viewed the circumstances of said 
memorialists and have reported to this Assembly in their 
present sessions, that it is their opinion that it is best said me- 
morialists should be united and made one society as prayed 
for, as per their report on file appears : 

Resolved by this Assembly^ That said memorialists within the 
following lines and bounds, (viz :) The ancient bounds of said 
Unity parish on the east, and on the north and south, so far 
as said Unity parish bounds extended west, then a beginning 
at the house of James Fairchild, at the southwest corner of 
said Unity parish, thence running westerly including the 
dwelling house and homestead of Mr. John Edwards, thence 
west until it intersects the dividend line between the towns of 
said Stratford and Fairfield, and from thence northward in 
said dividend line to the north bounds of said Stratford, and 
from thence easterly in said north line until it meets with the 
said north line of said Unity parish, all which shall be one 
distinct ecclesiastical society, with the same powers and priv- 
ileges as other ecclesiastical societies in this Colony are vested 
with, and shall be known and called by the name of North 
Stratford.* 

Upon the memorial of Benjamin Miller, John Bartlett and 
others, inhabitants of the first society in Midletown, living in 
the southwest part of said town bounds, praying to this As- 
sembly in May last that they may be a distinct ecclesiastical 

* Now the town of Trumbull. 



1744.] OP CONNECTICUT. 65 

society ; whereupon this Assembly did appoint a committee to 
view their circumstances and report to this Assembly in their 
present sessions, and said committee, having viewed their cir- 
cumstances, report to this Assembly (as appears by said report 
on file), tliat the memorialists within the bounds following 
are of sufficient ability to be a distinct ecclesiastical society, 
[260] (viz ;) || Beginning at the southwest corner of said 
Midletown bounds and running eastward on the south line of 
said town to the soutlieast corner of Talcot's farm, and from 
thence north on the east line of said farm to the northeast 
corner of said farm, from tlicnce northwesterly to a cart bridge 
standing on the west river, from thence to th'e stoney hill to 
a place called the Stone-Horse-Block, from thence westward 
to the northeast corner of tlie lot originally laid out to Rich- 
ard Hall, and continued still westward on the north line of 
said lot to the west line of said town, and from thence to the 
first-mentioned corner. 

Whereupon it is resolved hy this Assembly, Tliat the memo- 
rialists and inhabitants living within the bounds aforesaid 
shall be one distinct ecclesiastical society, with all the powers 
and privileges as other ecclesiastical societies have within this 
Colony, and shall be called and known by the name of Midle- 
field. 

Upon tlie petition of Nathaniel Gove, of Lebanon in the 
county of Windham, praying this Assembly to set aside the 
judgment of the adjourned county court held in Windham on 
the fourth Tuesday of February, anno Dam. 1740-41. had 
against the petitioner by Barret Dyer and Gershom Keys, 
both of Boston in the county of Suffolk and Province of the 
Massachusets Bay, for the surrendry of two certain pieces 
of land lying in said Lel)anon, and fifty pounds damages, and 
one pound fourteen shillings and six pence cost, upon their, 
(viz.') the said Dyer and Keys' writ, dated the 24th day of 
January, 1740-41, praying, for' the reasons in said petition 
assigned, for a reliearing m said case : Resolved hy this As- 
sembly, that tlie said judgment of the adjourned county court 
be set aside, made null and void, and the same is hereby set 
aside and made void, and the petitioner allowed another tryal 
of said case at the county court to be held at Windham on 
the second Tuesday of December next, and that the future 
cost only follow said tryal. 

Upon the memorial of the inhabitants of New Hartford, 

praying this Assembly to grant a tax of two pence on each 

acre, in old tenour, on all the lands in said New Hartford, for 

the space of four years next ensuing, the one moiety of which 

9 



66 PUBLIC RECORDS [Oct. 

tax to be imployed toward finishing the meetinghouse in said 
town, and the other moiety towards paying the minister's 
salary, &c. : Whereupon it is resolved by this Assembly, and 
it is hereby enacted, that a tax of two pence on each acre is 
granted on all the lands laid out within the bounds of said 
New Hartford, (publick rights only excepted,) to be paid an- 
nually in old tenour, for the space of four years next ensuing; 
the one half of which tax shall be employed in finishing the 
meeting-house in said place, and the other half towards the 
minister's salary ; and Mr. Eliezer Goodwin of said New Hart- 
ford is hereby appointed collector, to gather said tax for the 
first year, with. full power and authority as other collectors 
by law have to gatlier taxes, and after said first year said 
town to choose a collector or collectors to gather the remain- 
der of said tax. 

Upon the memorial of Nathaniel Stanly, Joseph Bucking- 
ham and James Church, committee for the free school in Hart- 
ford, shewing to this Assembly that a certain bond of one John 
Sutlief was set out to said school, and that he, said Sutlief, not 
having any estate to answer said liond, &c., praying that the 
same may be paid out of the pul^lick treasury, as by an act of 
this Assembly in such case is provided : IJesolved by this As- 
sembly, that the said committee be allowed to receive out of 
the publick treasury the sum of one hundred ninety-six 
pounds, four shillings and seven pence, old tenour bills, to 
make up the loss aforesaid. 

An Act for making- and emitting- Bills of Publick Credit. 

Forasmuch as the expences of this government is greatly en- 
hanced and is likely to be very heavy, by reason of the French 
and Spanish war : Therefore, 

Be it enacted hy the Governor^ Council and Representatives^ 
in General Court assembled., and hij the authority of the same, 
That there be forthwith struck a certain number of bills 
of credit on this Colony, from, one shilling to three pounds, 
which in the whole shall amount to fifteen thousand pounds 
[261] and no more, || and shall be stamped on the new plates, 
with the addition of the date of this Assembly; and that Na- 
thaniel Stanly, William Pitkin, George Wyllys, John Cliester, 
and Joseph Buckingham, Esq^^ be a committee under oath for 
the faithful management of the atfair, any three of them to 
sign said bills and deliver them into the hands of the Treasurer, 
taking his receipt for the same. 

And it is further enacted by the authority aforesaid, That 
the Treasurer be, and he is hereby impowered to issue forth and 
pay outthe said sum of fifteen thousand pounds, towards the pay- 
ment of the publick debts of this Colony, according to such 



1744.] OF CONNECTICUT. 67 

orders as shall be given liim from time to time according to 
law. 

And as a fund and security for the re-payment and drawing 
in of the said bills into the treasury again, this Assembly 
grants a rate or tax of fifteen thousand seven hundred and fifty 
pounds, to be levied on polls and all other rateable estate of 
this Colony, to be paid into the treasury at or before the last 
day of May, anno Dom. one thousand seven hundred and fifty- 
five, which rate shall be paid in bills of credit on this Colony 
of the new tenour, with the advance of twelve pence on the 
pound, or in silver money at eight shillings per ounce troy 
weight sterling alloy, or gold equivalent. 

Upon the petition of James Evarts, of Guilford, in the county 
of New Haven, against Thomas Stow, of Midletown in the 
county of Hartford, praying this Assembly to set aside the do- 
ings of Return Meiggs, constable of said Midletown, upon a cer- 
tain execution had in favour of said Stow against the peti- 
tioner, for the sum of twenty-seven pounds seventeen shillings 
and eleven pence, being the residue of a former execution for 
the sum of & 31 7s. lie?., wiiich last execution is dated the 
30 th day of May, 1744, upon which the said constal)le took, in 
satisfaction for the same execution and charges, sixty acres 
and one hundred and two rods of the petitioner's land in said 
Midletown with allowance for highway, being part of a lot 
originally laid out to one Samuel Hall. Said sixty acres and 
102 rods is bounded as follows : beginning at a red oak bush 
standing in the north line of said lot at the distance of 138 rods 
from Scrantum's north west corner, and from thence running 
across said lot south about nine degrees east 116^ rods to land 
in the possession of John Warner to a walnut bush and stones, 
and thence near east as a fence is 88 rods to a walnut bush 
and stones about it, by a fence enclosing land of Nathaniel 
Bacon's, tiien near north 11(> rods and a half to a stake and 
stones in the north line of said lot at the distance of 32 rods 
and \ from said Scrantum's northwest corner ; whicli doings 
are endorsed on said execution, and dated the 2d day of June, 
1744; praying, for the reasons in said petition set forth, to 
have said doings set aside : Resolved by this Assembly, that 
the said doings of Return Meiggs, constable as aforesaid, shall 
be set aside, and the same with all the endorsements on said ex- 
ecution aboutsaidland,and the record thereof, are herel)y made 
null and void. And it is hereby enacted, decreed and ordered, 
that the title of the land taken and endorsed as abovesaid shall 
be in the petitioner as before the same was taken by said execu- 
tion, and that the doings of said constable, nor any copy thereof, 



68 PUBLIC RECORDS [Oct. 

shall not be given in evidence in any tryal respecting the title 
of said land. 

Upon the memorial of the inhalntants of the parish of New 
Concord in Norwich, shewing to tliis Assembly that consider- 
able part of the improved land in said parish belongs to the in- 
habitants of the first parish in said Norwich, and by law the 
rates and taxes arising thereon are to be paid in the parish 
where the owners dwell, praying this Assembly to enact 
that the taxes arising on said improved land may be paid in 
the parish where the land lyes, <fec. : Resolved by this Assem- 
bly, that the lands nnder improvement, or that shall hereafter 
be under improvement, now belonging to Hez'^. Huntington, 
Jos. Waterman, Samuel Post, Ebenczer Backus. Jonathan Av- 
ery, Abiel Marshall, Thos. Baldwin, Francis Griswould, Jacob 
Edgerton and Simon Gagcr, inhabitants of said first society, that 
lye and are included witliin the bounds of said New Concord 
parish, shall be for the futurfe taxed in said New Concord par- 
ish as though the owners thereof lived therein; and the afore- 
said persons are hereby excused Irom paying any tax arising 
on such land in the society wheie they dwell. 

[262] An Act for the Preservation of Deer kept in Parks or other 

Inclosures. 

Whereas sundry persons in this Colony have lately erected 
parks or inclosuresfor keeping and preserving deer, which is 
likely to be for the publick good, and deer being wild by na- 
ture, and heretofore in this land having been no person's prop- 
erty till taken in hunting, many persons suppose they may 
take them wheresoever they may be found, as well in parks as 
in the open woods, upon which great damages accrue to the 
owners of such parks and inclosures : Which to prevent, 

Be it enacted hy the Governor, Comicil and jR,eprese7itatives, 
in Greneral Court assembled, and hy the authority of the same. 
That no person or persons shall kill or destroy any deer, buck, 
doe, or fawn, kept in any park or inclosure in this Colony, or 
course, hunt or wound any such deer, or wilfully throw down 
any fence, or open any gate or bars inclosing such park or in- 
closure, whereby such deer may escape, without leave from 
the owner or owners of such park or inclosure, on pain that 
every person so killing or destroying, or that shall be aiding 
or assisting therein, shall for every such trespass forfeit and 
pay to the owner or owners of such park or inclosure fifty 
pounds money, besides the price of such deer so killed or de- 
stroyed; and on pain that every such person so coursing, 
hunting or wounding such deer, shall for every such trespass 
forfeit and pay to the owner or owners of such park or inclos- 
ure ten pounds money, besides all such damages as shall ac- 



1744.] OP CONNECTICUT. 69 

crue by such coursing, huntinc: or woundinei: ; and also on pain 
that every such person so pulling down fence, opening gate 
or bars as aforesaid, shall for every such trespass forfeit and 
pay to the owner or owners of such park or inclosure one hun- 
dred pounds money besides all such damages as shall accrue 
by throwing down such fence or opening such gates or bars; to 
be recovered by bill, plaint or information, upon conviction of 
the trespasser or trespassers ; and in the tryal of any and every 
action brought for any of the trespasses in this act mentioned, 
the court before whom such action shall be brought, may pro- 
ceed according to the method and rules provided in the fourth 
paragraph of the law entituled An Act for the more effectual 
detecting and punishing trespass.* 

Provided^ Tliat in case the defendant in any action brought 
upon any trespass in this act mentioned, being an Indian or 
other person that shall be ignorant of the nature of an oath, 
then the court that shall have cognizance of such action shall 
refuse his, the defendant's, oath of acquittance provided in 
said act referred to, and shall proceed on the defendant's part 
to enquire according to and by any other proper evidence that 
may be produced by the defendant. 

Upon the memorial of Samuel Woodbridge, of the town of 
Hartford in the county of Hartford, representing to this As- 
sembly that for al)()ut thirty years last past he hath been settled 
in the work of the gospel ministry in the third society in said 
Harttord, and that the inhabitants of said society did, in the 
year 1711, vote and agree to give the memorialist the sum of 
sixty-nine pounds for his annual salary, and that sometime in 
the year 1741, the memorialist was by bodily weakness in a 
very considerable degree taken off from his ministerial work, 
and that, notwithstanding the covenants and agreements made 
by said society as aforesaid, the said society liave refused or 
neglected to pay the memorialist anything for his salary for the 
year 174o ; and thereupon praying this Assembly to take his 
cause into their consideration, and thereupon to enact and de- 
cree wliat said society shall give the memorialist for his salary 
for the year 1743 ; which memorial being continued from the ses- 
sions of this Assembly in May last to this time, and now this 
Assembly having fully heard the parties on the controversy 
aforesaid, and considered the same. 

Whereupon this Assembly do resolve, enact and decree, That 
the inhabitants of the third society in Hartford shall pay to 
[26o] the said Samuel || Woodbridge, for his service in the 
work of the ministry in said society for the year 1743, the sum 

*Passed October, 1726. Vol. VII., 81. 



70 PUBLIC RECORDS [Oct. 

of one hundred and fifty pounds in bills of credit of the old tcn- 

our. and that execution be granted accordingly. 

Ex. granted December 19^A, 1745. 

An Act directing- what Fees shaU be allowed the Deputy Sheriffs for 
serving- and returning- Writs and Executions. 

Whereas it has been customary for the deputy sheriffs in this 
Colony to charge for their fees, to serve and return writs and 
executions, from the place where the sheriff lives, and it often 
happens that such writs are served and returned in the same 
town where such deputy sheriff lives, which fees so charged 
have been often allowed, and thereby the bills of cost have 
been much increased, 

Be it, therefore, enacted by the Governor, Council and Repre- 
sentatives, in General Court assembled, and by the authority of the 
same. That for the future no deputy sheriff in this Colony shall 
be allowed any more for his fees for travel to serve and return 
any writ or execution than he doth actually travel to serve and 
return the same ; any law, usage or custom to the contrary not- 
withstanding. 

On tiie memorial of the inhabitants of the second society in 
Coventry, praying for a tax on the lands lying within said soci- 
ety, of four pence per acre, in old tenour, for the space of four 
years next ensuing, as per their memorial on file, 

Resolved by this Assembly, That a tax of four pence per acre, 
according to old tenour, shall and is hereby granted on all the 
lands in the second society in Coventry, to be paid by the ow- 
ners of said lands annually for the space of four years next en- 
suing, for the defraying the cliarges of said society in building 
a meeting-house and support of the gospel. And Mr. Ebenezcr 
Stiles of said society is hereby enabled to collect the same an- 
nually for the purpose aforesaid. 

An act further providing for the Defence of this his Majesty's Colony. 
Be it enacted by the Governor, Council a)id Representatives^ 
in General Court assembled, and by the authority of the sa^ne, 
That his Honour the Governor for the time being, with the ad- 
vice of Joseph Whiting, Roger Newton, Ebenezer Silliman, 
John Fowler, and Robert Treat, Esq^s or the major part of 
them, be impowered, and he is hereby impowered, from time 
to time, to order what number of men shall serve in the sloop 
Defence, as also to appoint the needful officers over the same, 
and commissionate or give warrants to sucli officers as that 
affair shall require; and further to appoint and limit the time 
and place for the cruise of said sloop, and order when she shall 
put to sea or be laid up ; also to give order for the repairing 
said sloop and supplying her with anchors, cables, sails, rig- 
ging, and all other furniture, as the case may require, to ren- 
der her fit for service. 



1744.] OF CONNECTICUT. 71 

A7id be it further enacted. That there shall be, from time to 
time, one or more commissaries appointed by this Asseml)ly, 
to purchase and procure needful and proper provisions for the 
support of the company on board said sloop, (as they shall re- 
ceive orders from the Governor,) and to send and deliver them 
to the purser on board said sloop at New London, taking his 
receipt, which receipt shall be lodged with one of the com- 
mittee hereafter appointed to adjust and settle the accounts 
with the purser, who shall give certificates (if required) to the 
commissaries, that they have received such receipts of the 
purser ; and in case the Defence be on a cruise when the pro- 
visions arrive at New London, the provisions shall be delivered 
to Colonel Gurdon Saltonstall , who is hereby appointed to re- 
ceive them and deliver them to the purser and take his receipt, 
who also shall give a receipt to the commissary of the provis- 
ions he shall receive. 

And, for the procuring and laying in a pnblick stock of 
ammunition, it is enacted, That John Whiting, Esq'', Treasurer 
of this Colony, be appointed, and he is hereby appointed and 
impowered, to purchase one thousand five hundred pounds of 
[264] powder, || two thousand pounds of lead, and three thou- 
sand flints, and to lodge one thousand pounds of the powder 
at New London under the care of Colonel Gurdon Saltonstall, 
taking his receipt for the same ; and the remaining five hund- 
red pounds of the powder, and the lead and flints, at Hartford 
with Nathaniel Stanly, Esq'", taking his receipt for the same ; 
and the stores lodged at Hartford shall, from time to time as 
occasion shall require for the use of this Colony, be drawn out 
in such manner and proportion as the Committee of War there 
shall direct ; and the stores at New London shall, for the ends 
and purposes aforesaid, l)e drawn out by the directions of his 
Honour the Governor, or, in case of exigency, by the order of 
the colonel of the third regiment of the militia in this Colony ; 
and the storekeeper at each place shall render an account of 
said stores to this Assembly from time to time, as lie shall be 
thereunto required. 

Arid, for rendering the port at New London the more defencea- 
ble, it is enacted. That John Ledyard, Esq"", be appointed, and 
he is hereby appointed and impowered, to purchase two cannon, 
eighteen-pounders, and three more of the largest guns in the 
towns in this Colony, (the town of Saybrook excepted,) 
and plant the same on carriages on the battery at New Lon- 
don, and also to procure ten carriage guns, some six and 
some Ibur-pounders, and provide them with carriages fit for 
shipping on board, and all proper furniture, as also to pro- 
vide partridge shot and ball for the cannon, and the car- 



72 PUBLIC RECORDS [Oct. 

riage guns to be shipped on board as aforesaid, and deliver 
them to the captain of the fort at New London, taking his 
receipt ; and he is further ordered to fit up for service the 
fire-arms at New London, (belonging to this Colony,) and de- 
liver them to the captain of the fort at New London, taking 
his receipt ; which receipt he shall lodge with Jeremiah Miller, 
Esqr. 

A7id it is further provided, That the captain of the sloop De- 
fence shall give a receipt of the stores he shall receive on board 
said sloop to Jeremiah Miller, Esq^ ; and at all times when said 
sloop shall be laid up the captain shall deliver the remaining 
stores on board to Colonel Gurdon Saltonstall, taking his re- 
ceipt ; and the purser shall deliver the remainder of the provis- 
ions under his care to the said Colonel Saltonstall, taking his 
receipt ; which receipts shall be lodged witli the said Mr. Mil- 
ler. 

And, for the defraying the charge of procuring the cannon, 
carriage-guns, provisions and stores as aforesaid, and for view- 
ing the battery, this Assembly do appoint and impower Na- 
thaniel Stanly, William Pitkin and Joseph Buckingham, Esq'% 
or any two of them, a committee to draw out of the publick 
treasury such sums as they shall find needful to answer the 
same, and deliver such moneys to the commissaries and other 
persons apj)ointed by this act for the said service, taking a re- 
ceipt of such sums as they shall so deliver ; and the persons 
appointed to purchase guns, stores, provisions, etc. as aforesaid, 
shall settle their accounts with the said committee, and the said 
committee shall lay the same before this Assembly. 

And, in case mi enemy shall appear in the port of New London, 
or that it be knoivn that there he a vessel of force of the enemy 
7iear, zvhereby that port may he endangered, it is enacted and 
provided, That upon the first notice thereof given by the colo- 
nel of the third regiment in this Colony, his lieutenant-colonel 
or major, or the captain of the fort at New London, the militia 
in the third regiment, or so many of the companies in said reg- 
iment as sliall be sent to, shall immediately repair to the water 
side in said harbour, well fixed with their arms for service, to 
attend the orders of their chief officer in the defence of said 
port and the annoyance of the enemy ; and the colonel of the 
third regiment, and in his absence his lieutenant-colonel, and 
in his absence the major of said regiment, and in case none of 
the field officers aforesaid shall be present, then the eldest 
captain in said regiment present or next military officer, siiall 
preside and command until a superior officer come ; and such 
chief officer present is hereby ordered and imj)Owered to com- 
mand all the officers and souldiers then present, as also toim- 



1744.] OP CONNECTICUT. 73 

press any vessel or vessels, and men sufficient to man such ves- 
sels for the service, as also to take and ship on board such vessel 
[265] or II vessels the carriage guns, with their powder, ball 
and furniture provided as aforesaid, and appoint the officer or 
officers of such vessel during the action, and also to use the 
fire-arms to the best advantage, as also to give all the neces- 
sary and proper orders to the forces on land and to the vessels 
on sea, for the repelling of the enemy, which orders the officers 
and souldiers are hereby enjoy ned to obey upon their peril ; and 
when the action is over, the officer that presides during said 
action shall take care that the said carriage-guns, small arms 
and their furniture, and remainder of powder and ball, be again 
returned to the persons wlio by this act have the charge of the 
same. 

And, that the captain of the fort and the inhabitants of the 
town of New London may have timely notice of the approach 
of an enemy, it is resolved, that his Honour the Governour do 
appoint, and by his warrant or commission authorize, a meet 
person to have command of the battery on Harriss's Point, 
where a flag staff shall be erected and the King's flag provid- 
ed ; which officer is hereby ordered carefully to observe all ves- 
sels that pass into said harbour, and when lie suspects any ves- 
sel going in to be an enemy he shall raise the King's flag, 
which shall be a signal to all vessels to strike, come to and 
send their boat with their papers to said officer, and if any ves- 
sel shall neglect, (after the signal is given,) to come to and 
send the boat on shore as aforesaid, the officer shall fire accord- 
ing to the usual custom in such cases, and the captain or mas- 
ter shall pay for every sliot occasioned by his neglect as 
afbi'esaid. 

And it is further enacted, That Jeremiah Miller, Esq^, be 
appointed, and is hereby directed, to procure a flag and cause 
a flag-staff to be erected at said place, at the charge of this 
Colony. 

And it is further enacted, That the charge of maintaining a 
watch constantly at said place shall be defrayed by the town of 
New London, and in case said town shall refuse or neglect to 
do the same, the Treasurer of the Colony shall send forth his 
warrant to the constable of that town, who shall collect so 
much on the polls and rateable estate of tlie inhabitants of 
that town with their country rate, and pay it into the hands of 
said officer or watchman, as shfill be sufficient to defray the 
charge thereof. 

And, that all embezzlements of the provisions or stores on 
board the sloop Defence, and the stores belonging to the fort, 

10 



74 PUBLIC RECORDS [Oct. 

may be prevented or punished, and tliat a just account may be 
settled with and paymentmade to the officers and souldiers im- 
ployed in the service, it is resolved, that Nathaniel Stanly, 
William Pitkin and Joseph Buckingham, Esq'% be impowered, 
and they or any two of them are herel)y ap])ointed and impow- 
ered, to take into their hands tlie receipts of the provisions and 
stores that have been put on board tiie Defence sloop, as also 
of the stores put into the hands of the captain of the fort, as 
also of the remainder of the stores and provisions left on board 
the sloop Defence when she is laid up at the years end ; and 
the captain of the sloop Defence sliall give in to the said com- 
mittee his muster-roll of the officers and souldiers in the ser- 
vice on board said sloop, containing the time of each man's 
service and what they have already received, as also an account 
of any embezzlements that have been made by any of tlie officers 
or souldiers. And the said committee shall settle the accounts 
as well with the captain and comjjany as with the purser and 
the captain of the fort, deducting out of their wages for all 
embezzlements that have been made, and they shall draw an 
order upon the Treasurer for what shall be found due ; and the 
said committee shall from time to time lay their accounts be- 
fore this Assembly. 

And, forasmuch as it may be needful that the company on 
board the said sloop should be supplyed with ircsli provisions, 
when they return into the harbour from a cruise, it is resolved, 
that upon application made by the captain to Colo. Saltonstall 
for such provisions, the said Colonel Saltonstall may allow and 
order such provisions to be made, provided the cost doth not 
exceed common allowance, and to be accounted for in settling 
the accounts with the purser for tlie pi'ovisions. 

['J66] And, forasmuch as the treasury is in this time of ivar 
charged with a great exjpence in defending the port of New London 
and the vessels that are therein from the enemy, he it enacted hy 
the authority aforesaid, That all the vessels that shall clear out 
at any port in this Colony Um- any place between Philadeli^hia 
and Portsmoutli in New Hampshire, including also the ports 
in those Colonies, shall pay towards supplying powder for the 
defence of New London harbour in manner following, (viz:') 
Each vessel exceeding the burthen of ten tons and not more 
tlian fifty tons shall pay four shillings, each vessel exceeding 
fifty tons and not more tlian one hundred tons sliall pay eight 
shillings, each vessel more than one hundred tons shall pay 
twelve shillings ; and in like manner all vessels clearing out 
as abovesaid for any places more remote than the ports of the 
Colonies aforesaid shall pay for the same use as followeth, 



1744.] OF CONNECTICUT. 75 

(yiz:^ Each vessel exceeding the burthen of ten tons and not 
more tlian fifty tons shall pay eight shillings, each vessel ex- 
ceeding the burthen of fifty tons and not more than one hun- 
dred tons shall pay sixteen shillings, each vessel more than one 
hundred tons and not more tlian two hundred tons shall pay 
thirty-two shillings, and all vessels of a greater burthen shall 
pay in the same proportion ; which duty sliall l)e paid in bills of 
credit, old tenour ; the money becoming due as abovesaid shall 
from time to time be paid to and collected by the naval officer 
of the port where any such vessel shall clear out, which officer 
is hereby directed to pay the same to the Treasurer of this 
Colony for the purpose abovesaid, deducting for his fees as he 
is allowed for collecting other duties. 

And, whereas it may be for his Majesty's service that the 
officers and souldiers on board the sloop Defence receive some 
part of their wages before tbeir years service be expired, it is 
enacted, that Nathaniel Stanly, William Pitkin and Joseph 
Buckingham, Esqr^, be impowered, upon their receiving a mus- 
ter-roll from the captain shewing what is then to each man 
due, to pass an order upon the Treasurer for the payment of 
such sums as they shall think meet, (always keeping within the 
sum then said to be due,) to the person tlie captain shall order 
to receive the same, and the same shall lie reckoned in the ad- 
justment of the accounts at the years end. 

And, tvhereas this Assemhlii^at their sessioyis in May last^ did 
appoint a Council for the War in the county of Hartford, im- 
poivering the said council to protect our frontiers from the enemy, 
and to send men into the county of Hamjjshire in case of a de- 
scent of the enemy on their frontiers, it is resolved and enacted, 
That the said council, or any other council or committee to be 
appointed for that purpose, be impowered, and they are here- 
by impowered, from time to time as occasion may be, to im- 
press into his Majesty's service such number of etfective men 
as they shall judge necessary for the service aforesaid, by send- 
ing a warrant, signed by the clerk of the council, to the col- 
onels of the regiment oi* regiments as they think best, requiring 
him to impress for his Majesty's service such a number of effec- 
tive men as such warrant shall appoint, and to have them at such 
time and place as the warrant shall appoint ; and thecolonel upon 
receipt of such warrant sliall consider what number of the 
quota demanded to draw out of each company, and according- 
ly send his warrants to the captains or chief officers of such 
companies for impressing the same, which warrants the cap- 
tains or chief officers shall obey by impressing the men and 
sending them to the rendezvous according to his warrant, and 



76 PUBLIC RECORDS [Oct. 

certify the same on the back of the warrant to the colonel, 
who shall return the same to the council; and the said council 
shall appoint officers over the men that shall be so impressed 
and detached for his Majesty's service, (the commission 
[267] officers to receive their commissions from the Gov- 
ernor,) and also appoint tliem the place and time for their 
service, as also to adjust their accounts wlien the service is 
ended, and draw an order on the Treasurer for the payment 
of the same, and also to pass the accounts for their billett- 
ing ; all which accounts from time to time the said council 
shall lay before this Assembly. Always provided, no man be 
sent into the county of Hampshire until information be given 
to said council of the approach of an enemy from some that 
are chief in authority in that connty. And the said committee 
are hereby impowered to take tlie oversight and care of the 
frontier towns in this Colony, and to order the inhabitants to 
reside in their forts, and to watch and ward, as they shall 
judge to be most for the safety and benefit of the inhabitants; 
and if any man that is an inhabitant in any of those frontier 
towns in which forts are built by order of the government, shall 
not obey the order of said committee, or the orders of such offi- 
cers or persons whom the committee shall appoint for that pur- 
pose, and shall refuse or neglect to reside at the fort, or to 
attend watching and warding according to such orders to him 
given, each man offending as aforesaid, for every such offence, 
shall pay a fine of twenty shillings, old tenour, to the treasury 
of the town where the offence is committed. 

And, for the security of such Indians as are in friendship 
with his Majesty'' 8 subjects, and to prevent their being mistaken 
for the enemy Indians and fired upon as such, it is enacted, That 
the said committee shall, by themselves or some meet persons, 
treat with the Indians that live within our frontier towns, for 
their safety in this case, and appoint the limits where such 
Indians may range and the badge by which they shall be known, 
and take care to publish such limits and badge to the adjacent 
Indians that they may be careful ; and if any of the Indians 
in friendship, through mistaking such Indian for an enemy, 
shall be slain out of the limits set, or not having on the badge 
appointed, no blood shall be shed for him. 

And, to prevent disorders in the souldiers and mariners in 
his Majesty^ s service, it is enacted. That if any souldier or mar- 
iner in his Majesty's service shall be guilty of mutinying 
against or of reproaching or contemning the person of his 
officer, or of disobeying his command, or of quarrelling, pro- 
fane swearing or cursing, lying, stealing, or drunkenness, 



1744.] OP CONNECTICUT. 77 

such offender shall be punished by running the gauntloop, or 
riding the wooden horse, or by being put under a guard, or 
being put upon the guard, as any two of the three chief officers 
of the regiment or company to which such oflender belongs 
shall determine. 

And it is further enacted. That if any souldier shall embezzle 
any arms, ammunition or stores of war, such souldier shall be 
cashiered of his wages to the amount of such embezzlements, 
and be further punished by running the gauntloop, riding the 
wooden horse, or being put on the guard, as any two of the 
three chief officers over liim in the service shall determine. 

And, for punishing deserters, he it enacted hy the authority 
aforesaid, That no souldier or mariner, impressed or inlisted 
for his Majesty's service, shall depart without lycence of his 
commander and desert liis Majesty's service, on pain of forfeit- 
ing to the Treasurer of this Colony the sum of twenty pounds 
equal to old ten our. 

And he it enacted hy the authority aforesaid, That the con- 
stables and grand-jurymen in the respective towns in this 
Colony shall diligently enquire after and make presentment 
to some assistant or justice of the peace of all such per- 
sons as are or shall be guilty of the breach of this act, who 
are also required, upon such presentment, to grant due 
process against such offenders, in order to bring them to 
a proper tryal on sucli presentment; and the King's attor- 
nies of the respective counties are hereby authorized and 
required to make enquiry after such offenders, and if not pre- 
sented and informed against as aforesaid, to inform against 
tliem to the county court, who are hereby directed to issue 
forth due process against them, and them to apprehend and 
proceed against in due form of law. 

And, it is further enacted. That his Honour the Governor, 
[268] by and with the || advice of the Council before appointed 
to assist his Honour, be impowered, and he is hereby impow- 
ered, to do all those things that the exigencies and necessities 
of the government shall require relating to the war, not provid- 
ed for by any act of this Assembly, until the session of this 
Assembly in May next. 

The Sums total of the Lists of Estate of the several Towns in this Colony- 
hereafter mentioned, and sent in to this Assembly 
and accepted, are as follow, (viz :) 





• £ 


s. 


d. 


£ 


s. 


d. 


Hartford, 


34047 


14 


New Haven, 


44216 


5 


8 


New London, 


29551 


13 


6 Windham, 


18822 


1 


6 


Norwich, 


45156 


10 


9 East Haddam, 


15444 


7 





Killingly, 


16716 





Lyme, 


20679 


13 


10 



78 



PUBLIC RECORDS 



[Oct. 



Mil ford, 


25134 


18 


Hebron, 


13105 


19 





Litclifie'ld, 


8549 


14 


Killingsworth, 


11983 


13 


5 


Greenwich, 


18008 


17 


4 Plainfield, 


10530 


9 


6 


Ashford, 


8789 


13 


Windsor, 


31247 


19 


4 


Glassenbury, 


10496 


15 


Ponifrett, 


13111 








Guilford, 


28551 


16 


1 Brandford, 


20543 


2 


6 


Stoniiigtown, 


25885 


14 


6 Haddam, 


8839 


19 


7 


Waterlniry, 


11209 


6 


9 Voluntown, 


6927 


8 


6 


Danbury, 


12388 


12 


9 New Milford, 


9379 


6 


6 


Weatliersficld, 


22302 


4 


11 Woodberry, 


18569 
29912 


16 


7 


Standford, 


23920 


2 


72Farmingtown, 


11 





Durham, 


9691 


19 


9 Symsbury, 


151 :"4 


11 





Nor walk, 


26974 


15 


Coventry, 


11315 


16 


6 


Ridgefield, 


8191 





5 Preston, 


16460 


9 


3 


Canterbury, 


9979 


2 


8 Mansfield, 


11546 


11 


9 


Wallingford, 


33720 


10 


8 Lebanon, 


31606 


2 


3 


Say brook, 


16656 


6 


6 Midletown, 


36344 


2 





Derby, 


8529 


2 


6 Stratford, 


32249 


14 


3 


Groton, 


18626 


17 


6 Colchester, 


19051 


15 






On the memorial of Elisha Parker of Wallingford, now in 
New Haven county goal by sentence of the superior court, for 
uttering counterfeit bills of publick credit of the Colony of 
Rhode Island knowing them to be such : Resolved by this 
Assembly, that the said Elisha Parker's real and personal es- 
tate shall be disposed of for the payment of the premium and 
cost of prosecution against him and imprisonment, and the 
residue, if any there be, to be for the use of this Colony ; and 
that in case said Parker procure sufficent surety or sureties to 
become bound to the Treasurer of this Colony in the sum of 
two hundred poundsinbillsof credit of the new tenour, that said 
Parker shall no more otfend in like kind, and he shall be 
bound out to service for ten years to such master as shall be 
appointed by a committee chosen by this Assembly for that 
purpose, the said Parker shall on the second Monday of De- 
cember next be released from said imprisonment, under this 
restriction, that he thereupon forthwith repair to Wallingford 
whereunto he belongs, and there remain during life, and never 
depart without special lycence of said master under his hand; 
and in case said Parker shall transgress such order, he shall 
be liable to be whipped on his naked body, not exceeding 
twenty stripes, by order of the nearest authority ; and that 
Colo. Benjamin Hall, John Southmaid, Esqi'S and Capt. Elihu 
Hall, or any two of them, be a committee for the managing of 
the said affair, and to execute proper instruments of convey- 
ance of said Parker's estate, forfeited as aforesaid, taking the 



1744.] OF CONNECTICUT. 79 

money or security to be lodged with tlie Tieasurer for the use 
of this Colony. 

On the memorial of tlobert Martyn,now under confinement 
in the common goal of this county, by sentence of the superior 
court, for uttering counterfeit l)ills of publick credit, knowing 
them to be such: Resolved by this ' Assembly, that if said 
Robert Martyn shall pay all charges of his prosecution, impris- 
onment, and premium, or procure good security, and find &uffi- 
cient surety or sureties to become bound to the Treasurer of 
this Colony in the sum of two hundred pounds in bills o( credit 
of the new tenour, that he will no more offend in like kind, 
[269] and shall be bound out to service for ten years to such 
master as this Assembly, or a committee by them appointed 
for such purpose, shall approve of, that then the said Mai-tyn 
shall, on the second Monday of December next, be released 
from said imprisonment, under this restriction, that he then 
forthwith repair to the town of Wallingford to which he belongs, 
and there remain during life, and so often as he shall be found 
or known to have been without the bounds of said town, with- 
out special lycence of his said master under his hand, he shall 
be liable to be whipt not exceeding twenty stripes on his naked 
body, by order of the nearest authority ; and Colonel Benjamin 
Hall, John Southmaid, Esq'% and Capt. Elihu Hall, or any 
two of them, be a committee for the purposes aforementioned. 

Upon the memorial of the inhabitants of the town of Sharon, 
praying for a tax upon all the land in said town, (except the 
last forty-acre pitches,) in order to enable them to pay tlieir 
minister and finish their meeting-house, as per their memorial 
on file: Resolved by this Assembly, that all the land laid out 
in said Sharon, either upon country grants or to the proprietors, 
except as above, shall be taxed, and the same is hereby taxed 
at two pence per acre for tiie space of four years from this 
time, to be paid yearly in old currency; and Jonathan Pettee, 
of said Sharon, is hereby appointed and impowered to collect 
said tax, and that he proceed forthwith to collect the first years 
tax, and take effectual care that the same is improved for the 
finishing said meeting-house and supporting their minister, 
and so improve the same from year to year. 

Upon the memorial of Elislia Wilcox, of Killingsworth, pray- 
ing to this Assembly for a premium for informing against one 
Robert Martyn and Elisha Parker, of Wallingford, for utter- 
ing false and counterfeit bills, by which means they were 
tendered to justice: Resolved by this Asi<embly, that the said 
Wilcox be allowed twenty pounds, old tenour bills, to be paid 
out of the publick treasury ; and the Treasurer of this Colony 
is hereby ordered to pay said sum to said Wilcox. 



80 PUBLIC RECORDS [Oct. 

Upon the memorial of Abraham Fowler, of the fourth socie- 
ty ill Guilford, praying this Assembly to annex him and liis 
estate unto the first society of said Guilford : Resolved by this 
Assembly, that the said Abraham Fowler with his estate be 
annexed unto the first society in Guilford accordingly. 

Whereas there is no list of tlie polls and rateable estate of 
the inhabitants of the town of Fairfield sent in to this Assem- 
bly as the law directs : Resolved by this Assembly, that the 
town of Fairfield shall be doomed, and the said town is hereby 
doomed, and shall be set in the publick list the sum of forty 
thousand pounds, and that the Treasurer of this Colony do 
levy and cause to be collected the several rates thereon ac- 
cordingly; and that the town aforesaid be allowed to draw 
the forty shillings on each thousand pound for school money 
accordingly. 

An Act for levying a Tax on Polls, &c. 

This Assembly grants a rate of two pence on the pound in 
bills of credit, old tenour, on all the polls and rateable estate in 
this government, to be paid into the treasury in bills of credit 
of this Colony with the usual advance of twelve pence on the 
pound ; or in good bills of credit of four signers of the Massa- 
chusetts Bay, or in bills of credit of New York, without ad- 
vance upon them, or in silver money as it now passeth in the 
country. 

TJiis Assembly do now enact and order, That one thousand 
pounds of the bills of credit emitted by this Assembly, when 
delivered to the Treasurer of this Colony, shall be in the 
hands of the Treasurer, to be improved in exchange for such 
torn and defaced bills of this Colony as are not fit for further 
service ; and the Treasurer is hereby ordered to give such bills 
in excliange, from time to time as there is occassion therefor. 

This Assembly do appoint Ebenezer Silliman, Esq^ and 
Colonel Gurdon Saltonstall, to be Commissaries, to provide 
necessaries for the sloop Defence for the year ensuing. 

This Assembly grants to the Honourable Jonathan Law, Esq ■", 
Governor, the sum of seventy pounds in bills of credit of the 
new tenour, for his last half years salary. 

This Assembly grants to the Honourable Roger Wolcott, 
Esqf , Deputy Governor, for his last half years salary, the sum 
of thirty-five pounds in new tenour bills. 

[270] Tiiis Assembly grants to Mr. Timothy Green, 
printer, for his last half years salary, the sum of fifteen 
pounds new tenour bills. 

This Assembly grants unto the Honourable Jonathan Law, 



1744.] OP CONNECTICUT. 81 

Esq"", Governor, for his extraordinary service done for the gov- 
ernment since the sessions of the Assembly in May last, the 
sum of fifteen pounds in new tenour bills. 

Cost allowed to Samuel Hazelton, of Killings worth, and 
Thomas Starkie, of Saybrook, to answer the petition of John 
Chapman, of Saybrook, which was preferred to this Court and 
the petitioner did not appear to prosecute the same, is X5 13s. 
Id. old tenour. Ex. granted., 3Iareh 19th, 1744-5. 

On the petition of Seth Pain, of Stafford, vs. Daniel Blog- 
gett, &c., and the rest of the inhabitants of the town of Stafford, 
and the committee's report thereupon : The question was put, 
wliether any thing prayed for in said petition should be 
granted : Resolved by this Assembly in the negative. 

Whereas the session of this Assembly is drawn out to a 
great length, and the records not yet compleated : This Assem- 
bly do appoint Nathaniel Stanly, Ozias Pitkin, William Pitkin, 
Esq's, M,.. Joseph Buckingham, Colo. John Chester, Mr. 
Elisha Williams and Capt. Roger Wolcott, a committee to 
attend his Honour the Deputy Governor at the Court House 
in Hartford, to hear the records read otf, and then the records 
to be signed by the Secretary as perfect and compleat. 

The several Acts, Grants and Orders of tliis Assembly, as 
they stand entered on the pages of this book next preceding, 
were read off in the presence of his Honour the Deputy 
Governor and the committee abovenamed, and signed as 
compleat. 

George Wyllys, Secret'y. 



[271] A7ino Regni Regis G-eorgii secundi decimo-octavo. 
At a General Assembly holden at New Haven in his Majes- 
ty's English Colony of Connecticut in New England in 
America, (by special order of his Honour the Governor,) 
ON Tuesday the 26th day op February, and continued by 
several adjournments to the 29th day op the same month, 
annoque Domini 1744-5. 

Present: /i 4 -f <7 ^ 

The Honourable Jonathan Law, Esquire, Governor. ' / 

The Honbie Roger Wolcott, Esq^, Deputy Governor. 
James Wadsworth, Thomas Fitch, ^ 
Nathaniel Stanly, Roger Newton, j 

Joseph Whiting, Ebenez^ Silliman, VEsq^^ Assistants. 

Samuel Lynde, Jonathan Trumble, | 

William Pitkin, John Bulkley, j 

11 



82 PUBLIC RECORDS. [Feb. 

Representatives or Deputies that attended the Assevibly are 
as follotv, (viz :) 

Mr. Joseph Buckingliam, for Hai'tford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New 
London. 

Mr. Jonath" Huntington, Mr. Ebenezer Wales, for Windham. 

Capt. John Stephens, Mr. Joseph Wilcox, for Killingsworth. 

Colo. Jonathan Hoit, Capt. Samuel Maltbie, for Standford. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon. 

Mr. Daniel Bissell, for Windsor. 

Mr. Elisha Williams, Colo. John Chester, for Weathersfield. 

Mr. Boaz Stearns, Capt. John Dwight, for Killingly. 

Mr. William Buel, Mr. John Phelps, for Hebron. 

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield. 

Mr. Charles Campbell, for Voluntown. 

Mr. Paul Welch, Mr. John Warner, for New Milford. 

Mr. Hezekiah Brainerd, for Haddam. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 

Capt. Ebenzer Mead, Capt. John Mead, for Greenwich. 

Mr. Joseph Denison, for Stoningtown. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Maj. Andrew Burr, Capt. Samuel Burr, for Fairfield. 

Colo. Hezekiah Huntington, for Norwich. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Mr. John Humphrey, Mr. .Joseph Wilcox, for Symsbury. 

Mr. James Benedict, Mr. Daniel Olmstead, for Ridgfield. 

Mr. William Wittar, for Preston. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield. 

Capt. John Riggs, Capt. Samuel Bassett, for Derby. 

Mr. Daniel Gates, for East Haddam. 

Capt. Natli'. Harrison, Mr. Jonath". Russell, for Brandford. 

Mr. Ebenezer Holbrook, for Pomfrett. 

Colo. Benjamin Hall, Capt. Elihu Hall, for Wallingford. 

Mr. Thomas Benedict, for Norwalk. 

Capt. Asahel Strong, Capt. Hezekiah Lee, for Farmingtown. 

[272] Maj. Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Mr. Robert Knolton, Mr. William Wadkins, for Ashford. 

Mr. John Griswould, for Lyme. 

Capt. Timothy Stone, Mr. Sam'. Roberson, for Guilford. 

Colo. Edmund Lewiss, Capt. Theophilus Nickols, for Stratford. 



1745.] OP CONNECTICUT. . 83 

Capt. James Beebe, Capt. Thos. Stephens, for Danbury. 

Mr. Josiah Conant, for JMansfield. 

Major Elihu Cliauncey, Capt. Robert Faircliild, for Durham. 

Mr. John Southmaid, for Waterbury. 

Colo. Christoplier Avery, Mr. John Ledyard, for Groton. 

Major Andrew Burr, Speaker, | of the House of Represent- 

Capt. John Fowler, Clerk, \ atives. 

This Assembly being met at this time by special order and 
appointment of his Honour the Governor of this Colony with 
the advice of the Council, his Honour communicated the re- 
solve and conclusion of the General Assembly of the Province 
of the Massachusets Bay, relatins; to an expedition intended 
and forming against his Majesty's enemies at Cape Breton 
and parts adjacent, as also two letters from his Excellency, 
William Shirley, Esq', Governor of said Province, and some 
other papers containing matters relating to said affair, and 
recommended the matters aforesaid to the consideration of 
this Assembly, as matters of great importance: This Assem- 
bly, having taken the same into consideration, have concluded 
and resolved, (i-elying on the blessing of Almighty God,) to joyn 
with the neighbouring governments in the intended expedition. 

Be it, therefore, enacted hy the Gfovei-nor, Council and Repre- 
sentatives, in G-eneral Court assembled, and hy the authority of 
the same, That the number of five hundred able-bodied, effect- 
ive men, for the land service, be suitalily encouraged to inlist 
themselves to joyn the forces from the neighbouring govern- 
ments in the intended expedition against his Majesty's enemies 
at Cape Breton and parts adjacent. 

Be it further enacted. That each able-bodied effective man 
that shall voluntarily inlist himself under a proper officer, to go 
on said expedition, shall have allowed and paid to him out of the 
publick treasury the sum of eight pounds, in old tenour bills, 
for each kalendar month during his continuance in the service 
of the aforesaid intended expedition ; and each man who shall 
provide for himself a good tire-lock, sword, belt and cartridge- 
box, and blanket, to the acceptance of the military officer who 
shall inlist him, shall be allowed and paid the sum of ten 
pounds, old tenour, as a premium ; and that such men as shall 
not provide themselves with the abovementioned articles shall 
be allowed and paid the sum of three pounds, old tenour, as 
a premium, and the said articles shall be provided for them 
at the charge of this Colony, and the same shall be returned 
to the use of this government when the said expedition is 
over, and if not so returned or a just and reasonable account 
given, (why by inevitable providence the same or any part of 



84 PUBLIC RECORDS [Feb. 

them cannot be returned,) the value thereof shall be deducted 
out of the wages of such men, respectively, as shall fail of 
making such return, (excepting the l)lankets ;) and eacii man 
that shall find himself with such fire-lock, sword, belt and 
cartridge-box, shall have therefor and be paid four pounds, 
old tenour, as a premium ; and each man that shall provide 
himself with a suitable blanket shall be paid therefor the sum 
of three pounds, old tenour, as a premium ; and each man 
[273] shall have one month's wages || before imbarkation, 
and shall be excused from all impresses for the space of two 
years after his discharge from this expedition, and shall have 
an equal share in all the plunder with the souldiers of the 
neighbouring governments. 

Be it further enacted^ That the Colony sloop Defence be 
forthwith equipped and manned with her full complement of 
officers and men, and sail with all convenient speed as a con- 
voy with our transports to Cape Breton, to joyn the other 
forces from the neighbouring governments, and there at all 
times to attend the orders of the chief commanding officer of 
the forces that go from this Colony. 

Beit further enacted^ That a suf&cent number of transports 
be hired, and suitable provisions and warlike stores prepared 
and put on board them for the said expedition ; and that the 
land forces march to New London, and there embark, and 
then to proceed as soon as may be on the said expedition and at- 
tend the orders and directions of the chief commanding officer 
of the forces from this Colony as aforesaid. 

Be it further enacted. That so far as it may consist with the 
well carrying on the said expedition, the souldiers from this 
Colony shall be under the direction of their own officers; and 
when the expedition shall be ended at Cape Breton, each of 
the souldiers shall be transported back to New London again, 
unless he shall voluntarily choose to be dismissed and remain 
there. 

This Assembly do appoint the Honourable Roger Wolcott, 
Esq"", to be Commander-in-Chief over all the forces to be 
raised and sent from this government in the expedition against 
Cape Breton, &c. 

This Assembly do appoint Major Andrew Burr to be Col- 
onel of the forces to be raised and sent from this government 
on the expfedition against Cape Breton, &c. 

This Assembly do appoint Capt. Simon Lothrop to be 
Lieutenant Colonel of the forces to be raised and sent from 
this government on the expedition against Cape Breton, &c. 



1745.] OF CONNECTICUT. 85 

This Assembly do appoint Capt. Israel Newton to be Major 
of the forces ordered to be raised and sent from this govern- 
ment on the expedition against Cape Breton, <fec. 

This Assembly do order that the five hundred men ordered 
to be raised and sent from this government on the expedition 
against Cape Breton, &c. be divided into eight companies. 

This Assembly do appoint Capt. Elizur Goodrich to be 
Captain of a company in the regiment ordered to be raised 
and sent from this government on the expedition against Cape 
Breton, etc., and order that lie be commissioned accordingly. 

This Assembly do appoint Capt. David Worster to be 
Captain of a company in the regiment of foot to be raised and 
sent from this government on the expedition against Cape 
Breton, &c., and order that he be commissioned accordingly. 

This Assembly do appoint Capt. Stephen Lee to be Captain 
of a company in the regiment of foot to be raised and sent 
from this government on the expedition against his Majesty's 
enemies at Cape Breton, &c., and order that he be commis- 
sioned accordingly. 

This Asseml:)ly do appoint Mr. Samuel Addams, of Stratford, 
to be Captain of a company in the regiment of foot to be raised 
and sent from this government on the expedition against his 
Majesty's enemies at Cape Breton, &c., and order that he be 
commissioned accordingly. 

This Assembly do appoint Capt. John Dwight to be Cap- 
tain of a company in a regiment of foot to be raised and sent 
from this government on the expedition against his Majesty's 
enemies at Cape Breton, &c., and order that he be commis- 
sioned accordingly. 

This Assembly do appoint Mr. James Church, of Hartford, 
to be First Lieutenant of a company in the regiment of foot to 
be raised and sent from this government on the expedition 
against his Majesty's enemies at Cape Breton, &c., and order 
that he be commissioned accordingly. 

This Assembly do appoint Mr. Daniel Bradley, of Fairfield, 
to be First Lieutenant of a company in the regiment of foot to 
be raised and sent,from this Colony on the expedition against 
his Majesty's enemies at Cape Breton, &c., and order that he 
be commissioned accordingly. 

[274] This Assemlily do appoint Mr. John Colefox, of 
New London, to be First Lieutenant of a company in tlie regi- 
ment of foot to be raised and sent from this government on the 
expedition against his Majesty's enemies at Cape Breton, &c., 
and order that he be commissioned accordingly. 



86 PUBLIC RECORDS [Feb. 

This Assembly do appoint Mr. Timothy Root, of Farmington, 
to be Lieutenant of a company in the regiment of foot to be 
raised and sent from this government on the expedition 
against his Majesty's enemies at Cape Breton, &c., and order 
that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Henry King, 
of Midletown, to be Lieutenant of a company in the regiment 
of foot to be raised and sent from this government on the ex- 
pedition against his Majesty's enemies at Cape Breton, &c., 
and order that he be commissioned accordingly. 

This Assembly do appoint Mr. Nathaniel Beetle, of Walling- 
ford, to be Lieutenant of a company in the regiment of foot 
to be raised and sent from this government on the expedition 
against his Majesty's enemies at Cape Breton, &c., and order 
that he be commissioned accordingly. 

This Assembly do appoint Mr. William Smithson, of Dur- 
ham, to be Lieutenant of a company in the regiment of foot to 
be raised and sent from this government on the expedition 
against his Majesty's enemies at Cape Breton, &c., and order 
that he be commissioned accordingly. 

This Assembly do appoint Mr. John Stanton, jun"". of 
Groton, to be Lieutenant of a company in the regiment of 
foot to be raised and sent from this government on the expe- 
dition against his Majesty's enemies at Cape Breton, &c., and 
order that he be commissioned accordingly. 

This Assembly do appoint Mr. Noah Taylor, of Norwalk, 
to be Lieutenant of a company in the regiment of foot to be 
raised and sent from this government on the expedition against 
his Majesty's enemies at C^pe Breton, &c., and order that he 
be commissioned accordingly. 

This Assembly do appoint Mr. Benajah Bill to be Lieutenant 
of a company in the regiment of foot to be raised and sent 
from this government on the expedition against his Majesty's 
enemies at Cape Breton, <fec., and order that he be commis- 
sioned accordingly. 

This Assembly do appoint Mr. Nathaniel Green to be 
Lieutenant of a company in the regiment of foot to be raised 
and sent from this government on the expedition against his 
Majesty's enemies at Cape Breton, &c., and order that he be 
commissioned accordingly. 

This A ssembly do appointMr. Joshua Pembleton, of Guilford, 
to be Ensign of a company in the regiment of foot to be raised 
and sent from this government on the expedition against his 
Majesty's enemies at Cape Breton, &c., and order that he be 
commissioned accordingly. 



1745.] OP CONNECTICUT. 87 

This Assembly do appoint Mr. Samuel Pettibone, of Syms- 
bury, to be Ensign of a company in the regiment of foot to be 
raised and sent from this government on the expedition against 
his Majesty's enemies* at Cape Breton, &c.. and order that lie 
be commissioned accordingly. 

This Assembly do appoint Mr. John Darling, jun., to be 
Ensign of a company in the regiment of foot to be raised 
and sent from this government on tlie expedition against his 
Majesty's enemies at Cape Breton, &c., and order that he be 
commissioned accordingly. 

This Assembly do appoint Mr. Benjamin Lee, of Plainfield, 
to be Ensign of a company in the regiment of foot to be raised 
and sent from this government on the expedition against his 
Majesty's enemies at Cape Breton, &c., and order that he be 
commissioned accordingly. 

This Assembly do appoint Mr. Joseph Tyler, of Preston, to 
be Ensign of a company in the regiment of foot to be raised 
and sent from this government against his Majesty's enemies 
at Cape Breton, &c., and order that he be commissioned ac- 
cordingly. 

This Assembly do appoint Mr. Jonathan Reed, of Lyme, to 
be Ensign of a company in the regiment of foot to be raised 
and sent from this government against his Majesty's enemies 
at Cape Breton, &c., and order that he be commissioned ac- 
cordingly. 

This Assembly do appoint Mr. Nathan Whiting to be Ensign 
of a company in the regiment of foot to be raised and sent 
from this government against his Majesty's enemies at Cape 
Breton, &c., and order that he be commissioned accordingly. 

This Assembly do appoint Mr. William Throop to be Ensign 
of a company in the regiment of foot to be raised and sent 
from this government against his Majesty's enemies at Cape 
Breton, &c., and order that he be commissioned accordingly. 

[275] Be it enacted by the G-overnor, Council and Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That all able-bodied effective men that shall volun- 
tarily enlist themselves to serve in the intended expedition 
against his Majesty's enemies at Cape Breton shall have liberty 
to proceed on the same, and no such person, whether officer 
or souldier, shall be liable to be arrested and stopt by any mean 
process that may be taken out against him after the time of 
his enlisting, nor by any execution on any judgment of court 
for debt, unless the sum in demand shall exceed fifty pounds 
in bills of credit old tenour. 



88 PUBLIC RECORDS [Feb. 

Ordered hy this Assembly^ That Colonel John Whiting, 
Treasurer of this Colony, shall deliver out of the treasury to 
the colonel, lieutenant colonel and major, and to each captain 
commissionated by his Honour the Governor to go on an expedi- 
tion against Cape Breton, a sum of money not exceeding 
one hundred and ninety-two pounds old tenour, to pay the pre- 
mium allowed by this Assembly to each of the souldiers they 
shall enlist. 

Whereas the intended expedition against his Majesty's ene- 
mies at Cape Breton and places adjacent may be under greater 
disadvantages in case of any captures of vessels going to sea 
from this Colony than otherwise it would, as the enemy may 
by that means have intelligence of the said design, as well as 
supplies of provisions : Resolved by this Assembly, that no 
ship or other vessel now in any harbour or port in this Colony, 
or that shall hereafter arrive in the same, be allowed to sail 
out or depart from the same, with design for any other port, 
unless to the city of New York; and in that case not without 
giving sufficient bond to the naval officer, with sureties inhab- 
itants of this Colony, not to proceed to any other place, until 
his Honour the Governor shall order this prohibition to cease; 
and his Honour the Governor is hereby desired to issue a pro- 
clamation accordingly. 

Resolved hy this Assembly, That Jonathan Trumble and 
Elisha Williams, Esq^s, be a committee fully authorized and 
impowered to go to Boston, to meet with such gentlemen of the 
Massachusets Bay and otiier neighbouring governments, (who 
may be there present,) who are or shall be appointed to treat 
upon and manage the affairs of the intended expedition against 
his Majesty's enemies at Cape Breton, to confer upon the 
proper preliminaries and dispositions to be made relating to 
the same, and make report of their doings, with all possible 
speed, to this Assembly. 

Ordered by this Assembly, That Colo. John Whiting, Treas- 
urer of this Colony, deliver out of the Colony treasury to 
Jonathan Trumble and Elisha Williams, Esq'"% or either of 
them, the sum of fifty pounds old tenour, to be improved in the 
service of the government to which they are appointed by this 
Assembly. 

Ordered by this Assembly, That Colo. John Whiting, Treas- 
urer of this Colony, be directed to buy so much ammunition 
as Jonathan TrumLle and Elisha Williams, Esq's shall advise 
to be necessary for the expedition intended against Cape 
Breton, when they are at Boston, and to do it either there or 
at Newport, as shall be thought best. 



1745.] OP CONNECTICUT. 89 

This Assembly do appoint Colo. Tliomas Welles, Colo. 
Hezekiah Huntington, Colo. Gurdon Saltonstall, Capt. Tlieo- 
philus Nickols and Capt. John Hubbard, to be Commissaries, 
to provide transports, provisions, and other necessaries for the 
expedition against Cape Breton, <fec. 

Be it enacted hy the Crovenior, Council and Representatives^ 
in General Court assembled, and by the authority of the same^ 
That Colo. Thomas Welles, Capt. John Hubbard, Colo. Gur- 
don Saltonstall, Colo. Hezekiah Huntington, and Capt. Theo- 
philus Nickols, Commissaries appointed by this Assembly, do 
forthwith proceed to purchase four months provisions and all 
other necessaries for five hundred land-forces, and to hire good 
well-found vessels to transport said land-forces, provisions, &c. 
to Cape Breton ; and the Treasurer of this Colony is hereljy 
ordered to deliver to said commissaries, or any of them, a 
sum not exceeding four thousand pounds old tenour, to make 
payment for said provisions, &c. 

This Assembly do establish and confirm Mr. Jabez Jones to 
be Captain of the military company or trainband at the parish 
of New Salem, and order that he be commissioned accordingly. 

Upon the memorial of the inhabitants of Midlefield society, 
praying for a committee to ascertain the place where their 
[27o] meeting-house should be affixed : || Resolved by this 
Assembly, that Major Elihu Chauncey, Edward Bulkley, Esq^^^ 
and Capt. Nathaniel Sutlief, be a committee with full power 
to repair to said society, first giving all parties therein notice 
thereof, and affix and ascertain the place whereon to build 
said meeting-house, and make return thereof to this Assembly 
in their sessions in May next. 

Resolved, That this Assembly be adjourned till Tliursday 
the fourteenth day of March, anno Dam. 1744-5, to the State 
House in Hartford, at nine of the clock in the morning, and 
then and there to meet again ; and ordered that the same be 
adjourned by proclamation accordingly. 

The Assembly was adjourned by proclamation, according 
to the resolve abovesaid. 

Teste George Wyllys, Secret'y. 



12 



90 PUBLIC RECORDS [March, 



At a General Assembly holden at Hartford in his Maj- 
esty's English Colony of Connecticut in New England 
IN America, (by adjournment,) on Thursday the 14th 
DAY OF March, (and continued by several adjournments 

UNTIL the 19th day OF THE SAME MONTH,) ANNOQUE DOMINI 

1744-5. 

Present : 
The Honourable Jonathan Law, Esq^, Governor. 
The Hon^ie. Roger Wolcott, Esq"", Deputy Governor. 
James Wadsworth,^ William Pitkin, 

Thomas Fitch, 
Roger Newton, 



Nathaniel Stanly 
Joseph Whiting 



. „ Assist- 
^E«q-, ants. 



Ozias Pitkin, ( ^ 'Ebenezer Silliman, 

Timothy Pierce, Jonathan Trumble, 

Samuel Lynde, J John Bulkley, 

Representatives or Deputies. 

Mr. Joseph Buckingham, for Hartford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New 
London. 

Mr. Jon^'i. Huntington, Mr, Ebenezer Wales, for Windham, 

Capt. John Stephens, Mr. Joseph Wilcox, for Killingsworth. 

Colo. Jon'h. Hoit, for Standford. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon. 

Mr. Roger Wolcott, Jr., Mr. Daniel Bissell, for Windsor. 

Mr. Elisha W^illiams, Colo. John Chester, for Weathersfield. 

Mr. Boaz Stearns, Capt. John Dwight, for Killingly. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Major Andrew Burr, for Fairfield. 

Mr. Ebenezer Backus, Colo. Hez'' Huntington, for Norwich. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Capt. Israel Newton, Capt. Charles Bulkley, for Colchester. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Mr. John Humphrey, Mr. Joseph Wilcox, for Symsbury. 

Mr. James Benedict, Mr. Daniel Olmstead, for Ridgfield. 

Mr. William Wittar, Mr. Nathaniel Brown, fo^- Preston. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

[277] Mr. William Biiel, Mr. John Phelps, for Hebron. 

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield. 

Mr. Charles Cami)bell, for Voluntown. 

Mr. Paul Welch, Mr. John Warner, for New Milford. 

Mr. Hezekiah Brainerd, for Haddam. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittclsey, for Say- 
brook. 



1745.] OP CONNECTICUT. 91 

Capt. Ebenezer Mead, Capt. John Mead, for Greenwich. 
Mr. Joseph Denison, Mr. Simeon Minor, for Stonington. 
Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 
Mr. Robert Knowlton, Mr. William Wadliins, for Ashford. 
Mr. John Grisvvould, Capt. John Lee, for Lyme. 
Capt. Timothy Stone, Mr. Sam' Robertson, for Guilford. 
Capt. Theophilns Nickols, for Stratford. 
Colo. John Dyer, for Canterbury. 

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield. 
Mr. Samuel Bassett, for Derby. 
Mr. Daniel Gates, for East Haddam. 

Capt. Nathi Harrison, Mr. Jonathan Russell, for Brandford. 
Mr. Ebenezer Holbrook, for Pomfrett. 
Colo. Benja. Hall, Capt. Elihu Hall, for Wallingford. 
Mr. Thos. Benedict, for Norwalk. 

Capt. Asahel Strong, Capt. Hez'' Lee, for Farmingtown. 
Capt. James Beebe, Capt. Thos. Stephens, for Danbury. 

for Mansfield. 
Major Elihu Chauncey, Capt. Robert Pairchild, for Durham. 
Mr. John Southmaid, for Waterbury. 
Colo. Christopher Avery, Mr. John Ledyard, for Groton. 

Major Andrew Burr, Speaker, ) of the House of Repre- 
Capt. John Fowler, Clerk, ( sentatives. 

This Assembly do appoint James Church Captain of one of 
the military companies in the expedition intended against 
Cape Breton, and that he be commissioned accordingly, and 
that Timothy Root, who was lately appointed Lieutenant, and 
Samuel Pettibone who was appointed Ensign, be his lieutenant 
and ensign. 

This Assembly order that Captain Elizur Goodrich, lately 
appointed for said expedition, have for his lieutenant Henry 
King, lately appointed to that office, and this Assembly do ap- 
point Samuel Torry to be his Ensign, and that he be commis- 
sioned accordingly. 

This Assembly order that David Worster, lately appointed 
captain, Nathaniel Beedle, who was lately lieutenant, and 
Nathan Whiting, lately appointed ensign, sustain the said of- 
fices together over one of the military companies in said ex- 
pedition. 

This Assembly order that Stephen Lee, lately appointed 
captain, Nathaniel Green, lately appointed lieutenant, and 
Jonathan Read, lately appointed ensign, sustain said offices 
together in one company. 

This Assembly appoint Daniel Chapman Captain of one of 
the military companies in the intended expedition against 



92 PUBLIC RECORDS [March, 

Cape Breton, and that he be commissioned accordingly ; and 
that Noah Taylor, lately appointed lieutenant, be his lieuten- 
ant, and that John Darling, lately appointed ensign, be his 
ensign. 

This Assembly do appoint William Wbiting Captain, and 
William Throop Lieutenant, and John Huntington Ensign, of 
one of the military companies in the expedition intended 
against Cape Breton, and that they be commissioned accord- 
ingly. 

This Assembly appoint Andrew Ward, jun.. Captain of one 
of the military companies in the intended expedition against 
Cape Breton, and tliat he be commissioned accordingly ; 
[278] and that William Smithson, lately appointed lieuten- 
ant, be his lieutenant ; and this Assemlily appoint Samuel 
Sandford the tiiird to be his Ensign, and that he be commis- 
sioned accordingly. 

This Assembly appoint Robert Denison Captain, David 
Seal)erry Lieutenant, and Christopher Tracey Ensign, of one 
of the military companies in the intended expedition against 
Cape Breton, and that they be commissioned accordingly. 

This Assembly desire bis Honour the Governor to issue a 
Proclamation, to encourage the inlisting the souldiers under 
the foregoing officers, upon the aforesaid intended expedition. 

This Assembly desire his Honour the Governor to author- 
ize and impovver the inlisting officers to beat up the drums in 
the respective regiments within this Colony, and to order the 
captains, where it shall be desired, to call their companies to- 
gether under their command, for the inlisting volunteers for 
his Majesty's service in the said intended expedition. 

This Assembly order that the Oath of Fidelity, mentioned 
in the 21st Artiple of War, be administered to every non- 
commissioned officer and souldier in his Majesty's service 
aforesaid, by some assistant or justice of the peace. 

This Assembly appoint Mr. Cyprian Nickols, jun^tobe Ad- 
jutant in the intended expedition. 

This Assembly appoint Mr. Jeremiah Miller, jun'', of New 
London, to be Commissary in the said expedition, and Com- 
missary of the Muster Rolls. 

This Assembly do appoint Mr. Elisha Williams to be the 
Chaplain to our forces. 

This Assembly do appoint the Honourable William Pepper- 
rell, Esqr, to be Lieutenant-General over all the forces in the 
expedition against Cape Breton and parts adjacent, and order 
that he be commissioned accordingly. 



1745.] OF CONNECTICUT, 93 

This Assembly do appoint the Honourable Roger Wolcott, 
Esqt", to be Major-General over all tlie forces in the expedi- 
tion against Cape Breton and parts adjacent, and order that 
he be commissioned accordingly. 

This Assembly do authorize and impower the major general 
and field officers to post or dignify the respective companies 
within tlie regiment of this Colony to be raised for the expe- 
dition to Cape Breton, 

This Assembly impower and desire his Honour the Gover- 
nor of this Colony, with the advice of the major general and 
the field officers of the regiment to be raised for the expedi- 
tion to Cape Breton, to appoint officers in the room of any 
that may refuse their commission, or shall be providentially 
hindered from serving in said expedition, and commission 
such officer accordingly. 

This Assembly appoints Noah Clark, of Colciiester, to be 
Armourer, to be furnished with necessary tools for the ser- 
vice of the regiment to be raised for the expedition to Cape 
Breton, 

Resolved hy this Assembly, That the officers' wages for the 
intended expedition against Cape Breton, &c., be as folio weth, 
in old tenour : 

The Honourable Major General, per month, 

The Colonel, 

The Lieutenant Colonel, - - - 

The Major, . . . . 

Captain, ----- 

Lieutenant, - - - 

Ensign, - - - - - 

Sergeant, - - - - - 

Clerk and Drummer, - - _ 

Corporal,- . _ - . 

[279] Resolved hy this Assembly, That the several officers 
appointed by this Assembly to serve in the expedition against 
Cape Breton, &c,, shall have the liberty to draw one month's 
pay before their embarkation. 

This Assembly appoints Timothy Bigelow to be an Adjutant 
n the army going from this Colony against his Majesty's en- 
emies at Cape Breton, in the room of Cyprian Nickols ; that 
the wages for an adjutant be, per kalendar month, fifteen pounds 
old tenour, and that he have one month's pay advanced. 

This Assembly does hereby appoint Mr. Normand Morison 
to attend the forces going from this Colony on the expedition to 
Cape Breton, as their Physician and Chirurgeon,and that he be 



100 








65 








55 








45 








30 








20 








15 








12 








10 


5 





9 









94 PUBLIC RECORDS [March, 

furnished with a box of medicines and compleat set of instru- 
ments suitable to such an occasion, at the charge of this 
Colony. 

This Assembly do appoint Mr. Alexander Wolcott to be im- 
proved as Physician and Surgeon's-Mate in the expedition 
against Cape Breton. 

This Assembly do appoint Mr. Joseph Farnsworth to be im- 
proved as Physician and Surgeon's Second Mate in the ex- 
pedition against Cape Breton. 

This Assembly do appoint Mr. Leveret Hubbard to be im- 
proved as Physician and Surgeon's 3d Mate in the expedition 
against Cape Breton. 

Resolved by this Assembly, That the wages of the physician and 
surgeon shall be, per kalendar month : X45 0^ 
Physician and Surgeon's 1st Mate, - 30 I , , , 
Physician and Surgeon's 2d Mate, - 25 j 
Physician and Surgeon's 3d Mate, - 18 Oj 
And that the several physicians and surgeons have one month's 
wages advanced to them. 

This Assembly grants to Mr. Elisha Williams the sum of 
fifty pounds, old tenour, per kalendar month, for his service 
as chaplain in the expedition against Cape Breton, provided he 
shall attend said service. 

Ordered by this Assembly, That the chaplain be allowed to 
draw one month's wages, and tliat the Treasurer be directed 
to pay the same accordingly. 

Resolved by this Assembly, That the commissaries appointed 
by this Assembly be ordered, and they are hereby ordered and 
directed, to provide good and sufficient pilots of the transports 
that shall go in the expedition to Cape Breton. 

This Assembly grants to the Honourable Roger Wolcott, 
Esq., Major General of the forces to be raised for the expedi- 
tion to Cape Breton, the sum of three hundred pounds, old ten- 
our bills, or equivalent in other bills, to provide his Honour's 
tent, bedding, table, and other necessaries, and entertainment 
of the chaplain. 

This Assembly grants to Andrew Burr, Esq., Colonel of the 
regiment to be raised for the expedition to Cape Breton, the 
sum of one hundred and twenty pounds, old tenour bills, or 
equivalent in other bills, to provide his tent, bedding, table, 
and other necessaries. 

This Assembly grants to Simon Lothrop, Esq., Lieutenant 
Colonel of the regiment to be raised for the expedition to Cape 
Breton, the sum of eighty pounds, old tenour bills, or equiva- 



1745.] OF CONNECTICUT. 95 

lent in other bills, to provide his tent, bedding, table, and other 
necessaries. 

This Assembly grants to Israel Newton, Esq., Major of the 
regiment to be raised for the expedition to Cape Breton, the 
sum of sixty pounds, old tenour bills, or equivalent in other 
bills, to provide his tent, bedding, table, and other necessaries. 

This Assembly do appoint Simeon Dewolf, of Lyme, instead of 
Noah Clark, to be Armourer in the expedition to Cape Breton. 

Resolved hy this Assembly^ That Colonel Gurdon Saltonstall 
be appointed, and he is hereby impowered, to agree with 
Simeon Dewolf, of Lyme, upon wages, in case he will undertake 
the trust of armourer in the army in the expedition to Cape 
Breton, or some other suitable person, if he shall refuse, upon 
reasonable terms. 

[280] Resolved hy this Assembly^ That the wages for the 
commissary appointed by this Assembly in the expedition, for 
the provisions and muster-rolls, be twenty pounds eacb kalendar 
month, and that said commissary have one month's wages ad- 
vanced before embarkation. 

Resolved by this Assembly, That the powder, lead, flints, tin 
kettles and measures, purchased by Jonathan Trumble and 
EHsha Williams, Esq'"% for this Colony, in Boston, be paid 
for out of the Colony treasury to the said Trumble or his 
order, upon his producing and passing the accounts thereof; 
and that Colonel John Whiting, Treasurer, is hereby ordered 
to pay the same. 

Whereas it may happen that some of the officers appointed 
and commissioned to be employed in the expedition to Cape 
Breton may, while in the service of said expedition, be re- 
moved by death or other means, whereby their places may l)e- 
come vacant and want filling up: Tliis Assembly, tlferefore, de- 
sire his Honour the Governor of this Colony, to sign a suitaljle 
number of blank commissions and deliver them into the liands 
of the Hon^i« Roger Wolcott, Esq., Major General of the forces, 
to be by him, or the cbief commanding officer that goes from 
this Colony for the time being, filled up, according to tbeir best 
discretion, for-the supplying such vacant offices with proper 
officers, in the room of such as shall be removed, and the names 
of the persons who shall be so commissioned, together with the 
office they shall be put in, to be certified to the Governor for 
the time being ; and the blank commissions that shall not be 
filled up all to be returned. 

It being represented to this Assembly, that a considerable 
number of the souldiers that have inlisted themselves to go on 



96 PUBLIC RECORDS [March, 

the intended expedition against Cape Breton are destitute of fire- 
arms and other accoutrements, and there not being a sufficient 
number to be purchased : Resolved by this Assembly, that the 
captain of each company so inlisted, or that shall hereafter in- 
list,when the arms and accoutrements belonging to the Colony, 
now lying at New London, are all improved, be impowered, and 
they are hereby impowered, by a warrant under their hands di- 
rected to some suitable person, to cause to be impressed such 
a number of fire-arms and other accoutrements as shall be want- 
ing for the compleatly equipping the men so enlisted ; and the 
arms or other necessaries so impressed shall be apprized by. 
two suitable persons under oath, by said captain appointed, and 
an exact account kept by him of such apprizement, and by him 
be transmitted to the Secretary of this Colony, or deposit such 
apprizement in the hands of Jeremiah Miller, Esq., at New 
London, that by him they may V)e conveyed to the Secretary: 
provided that the inhabitants of the towns of New London and 
Groton be exempted from having their arms and ammunition 
impressed from them. 

Whereas twenty-five of the fire-arms belonging to this gov- 
ernment and that were used in the late expedition at Wood 
Creek, were some time since committed to the care of Jame& 
Harriss of New London, for the use of the Mohegan Lidians, 
and to be returned again when demanded by the General As- 
sembly, to such person as should be appointed to receive them, 
and tiiat the same should be done accordingly the said Harris 
became bound to the Governor and Company of this Colony : 
And whereas this Assembly is informed that some considera- 
ble number of the fire-locks used in the said expedition are 
now in the hands of some persons who have not received them 
by order of this Assembly ; and the said arms being in dan- 
ger of bein<^ finally lost, unless speedily recovered. 

Be it enacted by the Grovernor, Council, and Representatives, 
in Greneral Court assembled, and hy the authority of the same. 
That John Bulkley, Esq., be authorized and impowered, and 
he is hereby impowered and directed, to demand of the said 
James Harris the aforesaid number of fire-locks received as 
aforesaid ; and in case the same or any part of them shall be 
delivered unto the said Bulkley, he is hereby directed to lodge 
them in the hands of Jeremiah Miller, Esq., at New London, 
for the use of the government ; and also that he use his best 
endeavor to recover such of the said arms as may be in the 
[281] hands of any persons || without order from the General 
Assembly, and lodge such of them as may be recovered in the 
hands of said Jeremiah Miller, taking his receipt for the same. 



1745.] OP CONNECTICUT. 97 

And the said John Bulkley, Esq., may bring an action in the 
name of the Governor and Company against the said Harris 
on his aforesaid bond, if he neglect or refuse to return the 
said arms, or any part of them, or against any other person in 
whose hands any of the said arms or otiier military accoutre- 
ments belonging to the government may be found, (if need so 
require,) for recovering them, and make report to this As- 
sembly. 

Resolved by this Assembli/, That the one hundred and twenty 
guns in the possession of Titus Hurlburt, captain of the fort 
in New London, be equally divided between each company of 
souldiers that shall go in the expedition to Cape Breton, and 
also the swords, bayonets, and cartouch boxes that belong to 
this government, in whose liaftds soever they may be found, 
be recovered and received by Colo. Gurdon Saltonstall of New 
London, and cleansed and put into suitable order, and im- 
proved if need be in said expedition, and equally divided to 
each company as aforesaid, and be returned again after the 
expedition is over, according to the act of Assembly. 

Resolved by this Assembly, That Colonel John Whiting, 
Colony Treasurer, deliver, and he is hereby ordered and 
directed to deliver out of the publick treasury, to Colo. Thomas 
Wells, Capt. John Hubbard, Colo. Hezekiah Huntington, Colo. 
Gurdon Saltonstall and Capt. Theophilus Nickols, commissa- 
ries to provide for tlie expedition against Cape Breton, &c., 
the sum of twelve thousand pounds in old tenour bills, or an 
equivalent in new tenour bills, in addition to the four thousand 
pounds heretofore ordered out for the use aforesaid, with this 
limitation, that six thousand pounds, or the one half of the 
aforesaid sum of twelve thousand pounds, be delivered out for 
the purpose aforesaid at this present time if needed, and the 
other half as soon as may be after the forces from this Colony 
shall imbark to go on the aforesaid expedition. 

Ordered by this Assembly, That Messrs. Hezekiah Hunting- 
ton, Thomas Wells, Gurdon Saltonstall, Theophilus Nickols 
and John Hubbard, Esq""*, commissaries to provide transports, 
provisions and other necessaries for the expedition against 
Cape Breton and the places adjacent, be and they are each of 
them hei-eby impowered to impress for the service of this 
Colony any of the things needful for said expedition that can- 
not otherwise be procured upon just and reasonable terms. 

Resolved by this Assembly, That the several captains ap- 
pointed by this Assembly to goon the expedition against Cape 
Breton, which have not as yet received their commissions 
and premia for the inlistingof souldiers, Qviz.^ Captain Daniel 
13 



98 PUBLIC RECORDS [March, 

Chapman, Capt. Andrew Ward, Capt. Robert Denison and 
Capt. William Whiting, have their several commissions and 
the money granted by this Assembly and allowed as a premium 
for the encouragement of sonldiers to list into said expedition 
sent to them by one of the representatives of tlie towns where 
such captains do live, and to be improved for the use afore- 
said ; and that the Treasurer of this Colony be ordered, and 
he is hereby ordered, to deliver out of the treasury of this 
Colony the sum of one hundred and ninety-two pounds old 
tenour bills, or new tenour bills equivalent, for each captain 
aforesaid, to such representative as aforesaid, taking his re- 
ceipt for the same. 

Ordered hy this Assembly^ That Colo. John Whiting, Treas- 
urer, deliver to Colo. Gurdon Saltonstall, one of the commis- 
saries for the Colony sloop Defenqe, one thousand pounds old 
tenour, to purchase provisions, &c., for said sloop, taking his 
receipt therefor. 

Resolved hy this Assembly, That his Honour the Governor 
be desired to write to his Honour the Governor of Rhode 
Island, to concert such measures with him that the Rhode 
Island Colony sloop may sail with the forces of that govern- 
ment at the same time that our sloop Defence and transports 
of our forces shall sail from hence on the expedition to Cape 
Breton, that they may be a mutual safety to each other. 

Resolved hy this Assemhly, That Colo. John Whiting and 
Colo. John Chester be, and they are hereby, added to the Com- 
mittee of War that were appointed for the better securing the 
frontiers of this Colony, by this Assembly at their sessions in 
October, 1743. 

[282] This Assembly grants to the Hon^ie Roger Wolcott, 
Esq., Deputy Governor, for his service done the government 
in revising the laws, the sum of thirty pounds, old tenour bills, 
out of the Colony treasury, and Colo. John Whiting is ordered 
to deliver the same. 

This Assembly grants to Mr. Elisha Williams thirty shil- 
lings per day for ten days service for the government in 
going to Boston, and the Treasurer is ordered to pay the 
same. 

This Assembly grants to Jonathan Trumble, Esq., thirty 
shillings per day for nine days service for the government in 
going to Boston &c. , and the Treasurer of the Colony is ordered 
to pay the same. 

Ordered hy this Assemhly, That John Bulkley, Jeremiah 
Miller and John Ledyard, Esqi's, be a committee to view the 



1745.] OP CONNECTICUT. 99 

battery at New London, and make such repairs thereunto as 
shall by them be thought necessary ; and the Treasurer of 
this Colony is hereby ordered to deliver to said committee a 
sum not exceeding fifty "pounds old tenour, for the purpose 
aforesaid ; and said committee are hereby directed to make 
up their accounts with Natlianiel Stanly, Esq. 

This Assembly do appoint the Committee of War that were 
heretofore appointed in the county of Hartford, or the major 
part of tliem that shall be present, to be a committee to take 
all necessary care, and give such necessary orders from time 
to time as occasion shall require, to get in readiness and 
proper order the souldiers inlisted or to be inlistcd in this 
Colony for the expedition against Cape Breton, and do all 
other things necessary fo>' the forwarding the troops, the pro- 
moting, carrying on and expediting the said affair, not already 
provided for. 

This Assembly do establish and confirm Mr. James Case 
to be Captain of a company or trainband in the town of Syms- 
bury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jonathan 
Case to be Lieutenant of a company or trainband in the 
town of Symsbury, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. John Owen, 
jun"", to be Ensign of a company or trainband in the town of 
Symsbury aforesaid, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. William Ely 
to be Captain of the 3d company or trainband in the town 
of Lyme, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathan 
Tiffany to be Lieutenant of the 3d company or trainband in 
the town of Lyme, and order that he be commissioned ac- 
cordingly. 

Resolved by this Assembly, That instead of the tenth day in 
April, mentioned in the proclamation for a Fast, be inserted 
the 3d day of April ; and also that the last Wednesday of 
April next be kept as a day of fasting and prayer, to implore 
the blessing of Almighty God on the expedition against Cape 
Breton &c., and that his Honour the Governor issue out proc- 
lamation accordingly. 

An Act for making and emitting' BiUs of Publick Credit. 

Forasmuch as tiie expences of this government have been 
greatly enhanced by our necessary preparations for defence, 
&c., since the war with France and Spain, and especially by 



100 PUBLIC RECOEDS [Mai'ch, 

our preparations for t]ie intended expedition against his Ma- 
jesty's enemies at Cape Breton and parts adjacent: 

Be it enacted by the Governor, Council and Representatives^ 
in General Court assembled, and by the authority of the same, 
That there shall be forthwith sti-uck a certain number of bills 
of credit on this Colony, from one shilling to three pounds, 
which in the whole shall amount to the sum of twenty thousand 
[283] pounds and no more ; 1| and the same shall be stamped 
on the new plates, with the addition of the date of this As- 
sembly ; and that Nathaniel Stauly, William Pitkin, George 
Wyllys, John Chester and Joseph Buckingham, Esqf*, be a 
committee under oath for the faithful management of this 
affair, any three of them to sign said bills and deliver them 
into the Colony Treasurer's hands, taking his receipt for the 
same. 

And it is further enacted by the authority aforesaid, That the 
Treasurer be and he is hereby impovvered,to issue forth and pay 
out the said sum of twenty thousand pounds towards the pay- 
ment of the ])ublick debts of this Colony, according to such 
orders as shall be given him from time to time according to 
law. 

And, as a fund and security for repayment and drawing in 
of said bills into the treasury again, this Assembly grants a 
tax of twenty and one thousand pounds, to be levyed on polls 
and all other rateable estate in this Colony, to be paid into 
the treasury in four equal payments, the first payment to be 
made in May, 1752, and the last in May, 1755 ; and the 
Treasurer of this XJolony for the time being shall take notice 
hereof, and without further order from this Assembly shall 
issue his warrant for collecting the said tax, at the several 
times or periods abovementioued ; and the said rate or tax 
shall be paid in bills of credit on this Colony of the new tenour 
with the advance of twelve pence on the pound, or in silver 
money at the rate of eight shillings per ounce troy weight 
sterling alloy, or gold equivalent. 

Whereas this Assembly, at their sessions in October last, 
did appoint Simon Lothrop, Esq., Messrs. Richard Hide and 
Ebenezer Hartshorn, a committee to run the line and ascer- 
tain the bounds between the towns of Stoningtown and Groton, 
and the said Lothrop being now bound on the expedition 
against Cupe Breton, <fcc. : Therefore, this Assembly do, at 
the request of the agents of said towns, appoint and impower 
Mr. Jonathan Huntington, of Windham, to act in said busi- 
ness with the said Hide and Hartshorn, in tlie room of the 
said Simon Lothrop, Esq. And said committee are hereby 



1745.] OP CONNECTICUT. 101 

directed to make report of their doings in the premises to this 
Assembly at their sessions in May next. 

This Assembly appoints Nathaniel Stanly and Ozias Pitkin, 
Esqi's, Mr. Joseph Buckingham, Colonel John Chester, Capt. 
Jonathan Hale and Mr. Daniel Bissell, a committee to attend 
at the Court House in Hartford, on the 29th day of March 
instant, to hear the records of this Assembly read, and when 
read off, to be signed by the Secretary as compleat. 

Upon the 29tli day of March, anno Bom. 1745, at the Court 
House in Hartford, the whole record of the sessions, acts and 
orders of this Assembly, as it stands entered on the pages of 
this book next preceding, was read off in the presence of the 
committee abovenamed, and signed as compleat. 

George Wyllys, Secret'y. 



[284] Anno Regni Regis G-eorgii secimdi octavo-decimo. 

At a General Assembly holden at Hartford in his Majes- 
ty's English Colony of Connecticut in New England in 
America, on Thursday the 9th day of May, and contin- 
ued BY several adjournments UNTIL THE 30tH DAY OP THE 

SAME month, annoque Domini 1745. 

Present : 
The Honourable Jonathan Law, Esq'', Governor. 
James Wads>orth,^ William Pitkin, '] 

Thomas Fitch, ! ^ 



Nathaniel Stanly, 



Joseph Whitiiig, {^ Ebenezer Silliman, ^. ^..^;_ 

n'7i,4« Pittin r 1 Jonathan irurable, j ^ ' 

John Bulkley, 



Ozias Pitkin, 

Timothy Pierce, 

Samuel Lynde, 

Representatives or Deputies tliat attended at the Assembly are 

as fo/loiv, (viz.) 
Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford. 
Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New 

London. 
Major Thomas Dyer, Mr. Ebenezer Wales, for Windiiam. 
Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield. 
Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 
Colo. Jonathan Hoit, for Stand ford. 
Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford. 
Capt. James Bebee, Mr. Thomas Benedict, for Danbury. 
Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk. 
Capt. Joseph Phelps, Mr. William Buel, for Hebron. 
Mr. Boaz Stearns, Mr. Jonathan Clough, for Killingly. 
Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingford. 



102 PUBLIC RECORDS [May, 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Major Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield. 

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Capt. Samuel Burr, Mr. Thaddeus Burr, for Fairfield. 

Colo. Hez'i Huntington, Capt. Joshua Huntington, for Nor- 
wich. 

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown. 

Mr. John Dixson, Mr. Thomas Kesson, for Voluntown. 

Mr. Robert Walker, Capt. Theophilus Nickols, for Stratford. 

Mr. John Humphrey, Capt. James Case, for Symsbury. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 

Mr. Timothy Keeler, Mr. Joseph Halley, for Ridgfield. 

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester. 

Capt, Elnathan Stephens, Mr. Isaac Kelsey, for Killingsworth. 

Mr. Ebenezer Holbrook, Mr. Thomas Cotton, for Fomfrett. 

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 

Capt. Nath' Harrison, Capt. Robert Foot, for Brandford. 

Colo. Joseph Minor, Colo. William Preston, for Woodberry. 

Capt. Samuel Bassett, Mr. Abell Gunn, for Derby. 

[285]* Colo. John Dyer, Mr. Solomon Tracey, for Canterbury, 

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

Mr. William Wittar, Capt. Ebenezer Leonard, for Preston. 

Mr. Ebenezer West, Capt. James Fitch, for Lebanon. 

Capt. Israel Hewitt, Mr. Amos Cheesbrough, for Stoningtown. 

Mr. Joseph Wells, for Haddam. 

Capt. Ebenezer Mead, Capt. Jolm Mead, for Greenwich. 

Mr. Noadiah Brainerd, for East Haddam. 

Major Elihu Chauncey, Mr. Nathan Camp, for Durham. 

Mr. Robert Knowlton, Mr. William Wadkins, for Ashford. 

Colo. John Chester, Mr. Jonathan Robbins, for Weathersfield. 

Mr. John Griswould, Capt. John Lee, for Lyme. 

Capt. Roger Wolcott, Mr. Daniel Bisseli, for Windsor. 

Colo. Christopher Avery, Mr. John Ledyard, for Groton. 

Colo. Samuel Hill, Speaker, | of the House of Repre- 
Capt. John Fowler, Clerk ] sentatives. 

This day being appointed by the royal charter and the laws 

of this Colony for the election of the publick officers of the 

Colony, {viz .•) Governor, Deputy Governor, Assistants, Treas- 
urer, and Secretary, proclamation was made, and the freemen 

proceeded to bring in their votes to persons appointed by the 

Governor, Council, and Representatives, to receive, sort, and 



1745.] OF CONNECTICUT. 103 

count them ; (which persons were, Nathaniel Stanly, Esq"", 
Ozias Pitkin, Esq^ Timothy Piel'ce, Esqr, Thomas Fitch, Esqf, 
William Pitkin, Esq^, Ebenezer Silliman. Esq^, Jonathan 
Trumble, Esqf, Mr. Joseph Buckinoham, Colo. Thomas Wells, 
Colo. Benjamin Hall, Capt. John Hubbard, Mr. Joshua Hunt- 
ington, Capt. John Lee, Capt. Samuel Burr, Mr. Robert Walker, 
Colo. John Dyer, and Mr. Ebenezer Wales,) who were all 
sworn to a faithful discharge of that trust. And the freemen's 
votes being brought in, sorted and counted. 

The Honourable Jonathan Law, Esquire, was chosen Gov- 
ernor of this Colony for the year ensuing, and the Governor's 
oath prescribed by the law of this Colony, and the oath re- 
quired by act of Parliament relating to trade and navigation, 
were administered to him by James Wadsworth, Esq"", Assist- 
ant, in the presence of the Assembly. 

The Hon^ie Roger Wolcott, Esq"", was chosen Deputy Gov- 
ernor of this Colony for the year ensuing. 

James Wadsworth, Esq'', William Pitkin, Esq>", 
Nathaniel Stanly, Esq^, Thomas Fitch, Esq\ 

Joseph Whiting, Esq'", " Roger Newton, Esq"", 
Ozias Pitkin, Esq^, Ebenezer Silliman, Esq^", 

Timothy Pierce, Esq"", Jonathan Trumble, Esq"", 

Samuel Lynde, Esq"", John Bulkley, Esq"", 

were chosen Assistants for the year ensuing, and had the As- 
sistants' oath, provided by law, administered to them by his 
Honour the Governor. 

John Whiting, Esq^ was chosen Treasurer of this Colony 
for the year ensuing, and had the Treasurer's oath, provided 
by law, administered to him by his Honour the Governor. 

George Wyllys was chosen Secretary of this Colony for the 
year ensuing, and had the Secretary's oath, provided by law, 
administered to him by his Honour the Governor in the pres- 
ence of the Assembly. 

[286] James Wadsworth, Esq^ and Mr. Robert Treat are 
appointed to give the thanks of this Assembly to the Reverend 
Mr. Elnathan Whitman, for his sermon delivered before them 
on the 9th of May instant, and desire a copy tliereof that it 
may be printed. 

This Assembly do appoint the Hon'^'e Roger Wolcott, Esq"", 
Chief Judge of the Superior Courts in this Colony the year en- 
suing. 

This Assembly do appoint James Wadsworth, Esq^, Wil- 
liam Pitkin, Esq"", Ebenezer Silliman, Esq^", and John Bulk- 
ley, Esq% to be Judges of the Superior Court in this Colony 
the year ensuing. 



104 PUBLIC RECORDS l^^Ji 

This Assembly do appoint Roger Newton, Esqi'jto be Judge 
of tiio County Court in the county of New Haven the year en- 
suing. 

This Assembly do appoint Joseph Whiting, Esq^, to be Judge 
of the Courts of Probate in the district of New Haven the year 
ensuing. 

Tiiis Assembly do appoint Samuel Hill, Esq"", to be Judge 
of the Courts of Probate in the district of Guilford the year 
ensuing. 

This Assembly do appoint Samuel Hill, Benjamin Hall, 
John Southmaid and John Fowler, Esqi's, to be Justices of tlie 
Peace and Quorum in and for tlie county of New Haven the 
year ensuing. 

This Assembly do appoint Samuel Gun, Robert Treat, Sam- 
uel Bishop, Isaac Dickerman, John Hubbard, John Wood- 
ward, John Russell, William Gold, Jonathan Russell, Andrew 
Ward, Samuel Hopson, Thomas Hotchkiss, Elihu Chauncey, 
Theophilus Yale, Samuel Hall, Elihu Hall, John Riggs, Sam- 
uel Bassett, Samuel Riggs, Samuel Hickcox, Roger Brunson, 
Samuel Can field, Nathaniel Bostwick, Samuel Hutchinson, 
Timothy Stone, John Hitchcock, and Ezekiel Royce, Esq^^ to 
be Justices of the Peace in and for the county of New Haven 
the year ensuing. 

This Assembly do appoint Timothy Pierce, Esq"", to be Judge 
of the County Court in the county of Windham the year en- 
suing. 

This Assembly do appoint Timothy Pierce, Esq"", to be Judge 
of the Court of Probate in the district of Windham the year 
ensuing. 

This Assembly do appoint Jonathan Trurable, Esq"", to be of 
the Quorum in the county of Windham the year ensuing. 

This Assembly do appoint Ebenezer West, Shubael Conant, 
and John Dyer, Esq'* to be Justices of the Peace and Quorum 
in and for the county of Windham the year ensuing. 

This Assembly do appoint Joseph Strong, Peter Buel, Jo- 
seph Fowler, Gershom Clark, Ebenezer Gray, Nathaniel Hunt- 
ington, Nathaniel Wales, Thomas Storrs, Leicester Grosve- 
nour, Ebenezer Holbrook, Thomas Tiffany, Joseph Leavinze, 
John Crery, Joseph Cadey, James Wright, Joseph Palmer, 
and Ebenezer Dow, Esq^*, to be Justices of the Peace in and 
for the county of Windham the year ensuing. 

This Assembly do appoint William Pitkin, Es(]'', to be Judge 
of the County Court in the county of Hartford the year en- 
suing. 



1745.] OP CONNECTICUT. 105 

This Assembly do appoint Joseph Buckingham, Bsqi", to be 
Judge of the Court of Probate in the district of Hartford the 
year ensuing. 

This Assembly do appoint John Bulldey, Esq!", to be Judge 
of the Court of Probate in the district of East Haddam the 
year ensuing. 

This Assembly do appoint Ebenezer Marsh, Esq"", to be 
Judge of the Court of Probate in the district of Litchfield the 
year ensuing. 

[287] This Assembly do appoint Tliomas Wells, John Ches- 
ter, Henry Allyn, and Jabez Hamlin, Esq", to be Justices of 
the Peace and Quorum in and for the county of Hartford the 
year ensuing. 

This Assembly do appoint Joseph Buckingliam, Joseph Tal- 
cott, George Wyllys, David Goodrich, Samuel Mather, Roger 
"Wolcott, jun% William Wadsworth, Thomas Hart, John Hart, 
Asahel Strong, Giles Hall, Joseph White, Thomas Johnson, 
John Humphrey, Joseph Wilcoxson, Jonathan Hale, Heze- 
kiah Brainerd, Nathaniel Foot, Israel Newton, Edward Bulk- 
ley, Epa])hras Lord, Benjamin Skinner, Joseph Phelps, John 
Bissell, Thomas Pitkin, Samuel Chapman, Zebulon AVest, Eb- 
enezer Marsh, John Buel, John Beach, David Whitney, Tim- 
othy Hatch, Ebenezer Lyman, Jabez Chapman, George Hol- 
loway, and Isaac Kellogg, Esq""*, to be Justices of the Peace 
in and for the county of Hartford the year ensuing. 

This Assembly do appoint Samuel Lynde, Esq"", to be Judge 
of the County Court in the county of New London the year 
ensuing. 

This Assembly do appoint John Richards, Esq"", to be Judge 
of the Court of Probate in the district of New London the year 
ensuing. 

This Assembly do appoint John Griswould, Isaac Hunting- 
ton, Christopher Avery, Jeremiah Miller, Esq^^, to be Justices 
of the Peace and Quorum in and for the county of New Lon- 
don the year ensuing. 

This Assembly do appoint Richard Lord, Joshua Hunting- 
ton, Jabez Hide, Hezekiah Huntington, Samuel Lothrop, 
Jedadiah Tracey, Samuel Morgan, Humphrey Avery, Nathan- 
iel Brown, Joseph Denison, John Whiting, Nathan Chees- 
brough, Luke Perkins, John Lcdyard, Joshua Hempstead, 
John Richards, Joshua Raymond, Daniel Coit, Thomas Lee, 
Daniel Ely, Jedadiah Chapman, Simeon Minor, John TuUy, 
Nathaniel Clark, Stephen Lee, Abraham Pierson, John Lane, 

14 



106 PUBLIC RECORDS [May, 

Elisha Shelden, and John Cook, Esq", to be Justices of the 
Peace in and for the county of New London the year ensuing. 

This Assembly do appoint William Pitkin, Esq"", Jonathan 
Trumble, Esq^ Mr. Joseph Talcott, Capt. Jonatlian Hale, 
Capt. Timothy Stone, Mr. Jeremiah Chapman, Mr. Joseph 
Piatt, and Mr. Ebenezer Wales, to be Auditoi's to audit the 
publick accounts with the Treasurer, and make report to 
the Assembly. 

This Assembly do appoint Mr. John Williams to be a Jus- 
tice of the Peace in and for the county of New Haven the 
year ensuing. 

This Assembly do establish and confirm Mr. Abraham 
Chalker to be Lieutenant of tiie first company or trainband 
in the seventli regiment in this Colony, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Jonathan 
White to be Captain of the north company or trainband in 
the town of Hebron, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Daniel Bush- 
nell to be Lieutenant of the north company or trainband in 
the town of Hebron, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel Gil- 
bert, Jun'", to be Ensign of the north company or trainband 
in the town of Hebron, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Gideon Brain- 
erd to be Captain of the third company or trainband in the 
seventh regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. James Wells 
to be Lieutenant of the third company or trainband in the 
seventh regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. David Smith 
to be Ensign of the third company or trainband in the sev- 
enth regiment in this Colony, and order that he be commis- 
sioned accordingly. 

[288] This Assembly do establish and confirm Mr. Sam- 
uel Betts to be Captain of the company or trainband in the 
parish of Wilton in Norwalk, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. John Marvin 



1745.] OP CONNECTICUT. 107 

to be Lieutenant of the company or trainband in the parish 
of Wilton in Norwalk, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Elias Betts to 
be Ensign of the company or trainband at the parish of Wil- 
ton in Norwalk, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Joseph Hart 
to be Lieutenant of the second company or trainband in the 
town of Farmingtown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Newell to be Ensign of the second company or trainband in 
the town of Farmingtown, and. order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Dewolph to be Ensign of the 4th company or trainband in 
the 7th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Ed- 
wards to be Captain of the company or trainband in North 
Stratford, and order tha^t he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Feet 
to be Lieutenant of the company or trainband in North Strat- 
ford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathan Halley 
to be Ensign of the company or trainband in North Strat- 
ford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Storrs 
to be Captain of the first company or trainband in the town 
of Mansfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Henry Cleave- 
land to be Lieutenant of the first company or trainband in 
the town of Mansfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Elisha War- 
ner to be Ensign of the first company or trainband in the 
town of Mansfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Clement Minor 
to be Lieutenant of the second company or trainband in the 
town of Lyme, and order that he be commissioned accord- 
ingly. 



108 PUBLIC RECORDS [May, 

This Assembly do establish and confirm Mr. Nathaniel 
Silliman to be Captain of the first company or trainband in 
the town of Fairfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Abraham 
Morehouse to be Lieutenant of the first company or trainband 
in the town of Fairfield, and order that he be commissioned 
accordingly. 

Tliis Assembly do establish and confirm Samuel Wakeman 
to be Ensign of the first company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Israel Munson 
to be Lieutenant of the second company or trainband in the 
town of New Haven, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. David Austin 
to be Ensign of the second company or trainband in the town of 
New Haven, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Moses Fuller 
to be captain of the company or trainband in the town of 
Stafford, and order that he be commissioned accordingly. 

This Assembly do establish and con'firm Mr. Jolm Douglass 
to be Captain of the first company or trainband in the town 
of Plainfield, and order that he be commissioned accord- 
ingly. 

[289] This Assembly do establish and confirm Mr. Sam- 
uel Hall to be Lieutenant of the first company or trainband 
in the town of Plainfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joshua Hunt- 
ington to be Captain of the first company or trainband in the 
town of Norwich, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Jabez Mead to 
be Captain of the west company or trainband in Horsneck in 
Greenwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Isaac Holmes 
to be Lieutenant of the west company or trainband in Horse- 
neck in the town of Greenwich, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. John Dimon 
to be Captain of the second company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 



1745.] OF CONNECTICUT. ' 109 

This Assembly do establish and confirm Mr. James Beers to 
be Lieutenant of the second company or trainband in the 
town of Fairfield, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Gideon Allen to 
be Ensign of the second company or trainband in the town of 
Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Caleb Mead to 
be Lieutenant of the east company or trainband in the town 
of Greenwich, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Jonathan Close 
to be Ensign of the east company or trainband in the town of 
Greenwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Isaac Shepard 
to be Lieutenant of the second company or trainband in the 
town of Plainfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establisli and confirm Mr. Isaac Farrish 
to be Lieutenant of the first company or trainband in the 
town of Windham, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Pelatiah Ward 
to be Ensign of the 12th company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Buel 
to be Lieutenant of the 12th company or trainband in the 
7th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. John Fish to 
be Cornet of the Troop in the 11th regiment in this Colony, 
and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Pierce 
to be Quarter-Master of the Troop in the lltli regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Riverius Car- 
rington to be Cornet of the Troop in the 13th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Isaac Marsh 
to be Quarter-Master of the Troop in the loth regiment in 
this Colony, and order that he be commissioned accordingly. 

Resolved hy this Assonhly, That the town of Newtown send 



110 • PUBLIC RECORDS [May, 

in to this Assembly, at their sessions in October next, their 
list of polls and rateable estate, and that the Secretary of this 
Colony transmit a copy of this act to the selectmen of said 
town. 

Upon consideration of the motion made by his Excellency 
Governor Shirley and Colonel John Stoddard, in behalf of 
the Province of the Massachusets Bay, respecting the main- 
taining of garrisons and scouts for the security and defence of 
the outward and frontier settlements of these governments : 

Unsolved hy this Assembly, That the present Committee of 
War in the county of Hartford be irapowered, and they are 
hereby impowered and directed, to raise a company of foot, 
not exceeding sixty men, including officers, and send them 
into the county of Hampshire in the said Province, to be im- 
ployed there under the direction of the Governor of the said 
Province, or such officer as he shall appoint for that purpose, 
in keeping garrison in the line of block-houses erected be- 
tween Connecticut River and the Dutch settlements at Hoo- 
suck, and in scouting from thence : provided nevertheless, 
[290] that if the said committee, on furtlier || intelligence, 
shall judge it not necessary that such foot company be forth- 
with sent for the purpose aforesaid, they may suspend doing 
the same until they shall judge it necessary to do the same ; 
provided also, that the said Province will victual and support 
such souldiers as shall be sent from hence during their contin- 
uance in the service aforesaid. And the said Committee of 
War, in order to their raising said company, are directed to 
nominate to his Honour the Governour proper officers for 
the same, to whom the Governor is desired to give proper 
commissions. And, in case a sufficient number of men do 
not appear and voluntarily inlist themselves for that service, 
the said committee are hereby impowered to give proper or- 
ders, in such and so many regiments as tbey judge conven- 
ient and necessary, for the impressing said men for the ser- 
vice aforesaid ; and the several officers in such regiments are 
hereby ordered to attend and conform themselves to the orders 
of said committee respecting the said impressing ; and the said 
company shall be under the direction of the said committee as 
to the time of their going to, continuing in, and returning 
from said service. And all such ofiicers and souldiers as shall 
go into said service shall be allowed and paid the same wages, 
in new tenour bills of credit, which were stated and allowed 
to officers and souldiers in current money in and by the act 
entituled An Act for statitig the ivages mid for the more speedy 
and careful payment of officers and souldiers in her Majesty^ s 



1745.] OF CONNECTICUT. Ill 

service, and defraying other charges arising hy the same, made 
and passed by thi^ Assembly in the tenth year of the reign of 
her late Majesty Queen Anne ; with this alteration, {viz:} 
that the sergeants, instead of having twelve shillings new 
tenour per week, sliall have thirteen shillings new tenour, 
and the clerk, instead of ten shillings per week, shall have 
eleven shillings, and the corporals, instead of nine shillings 
and six pence per week, shall have ten shillings and six pence, 
and the centinels, instead of nine shillings per week, shall 
have ten shillings per week. 

Resolved hy this Assembly, That Nathaniel Stanly, Ozias 
Pitkin, William Pitkin, and Joseph Buckingham, Esqi's, or 
any three of tiiem, l)e a committee with full power, and they, 
or any three of them, are hereby fully impowered from time to 
time, to adjust and settle such account and accounts that shall 
be laid before them by any person or persons, relating to the 
charge and expence of the present war; and whatsoever the 
said committee shall find due upon any such account they are 
to allow and draw orders from time to time for the same upon 
the Colony Treasurer, who is hereby ordered to pay out of 
the publick treasury such sum and sums to the person or 
persons to whom it is due: always provided said committee 
shall not adjust or settle the accounts of the commissaries ap- 
pointed to make provision for the present expedition against 
Cape Breton. 

And it is further resolved. That such persons as have had 
any arms or other accoutrements of war impressed and taken 
from them and improved in the said expedition, upon the 
return of such arms, &c., such persons, if they think it neces- 
sary, may have them reapprized by the same persons who 
apprized them before they were delivered to the souldiers, if 
the same apprizers may be had, or by other sufficient persons 
under oath, which apprizement shall l)e returned to some as- 
sistant or justice of the peace, who shall under his hand trans- 
mit the same to the said committee, upon which the said 
committee shall from time to time proceed to make out orders 
to the said Treasurer as aforesaid, so that thereby every per- 
son may have a meet recompence for the damages he shall 
sustain in any such arms or accoutrements. 

Whereas many of the bonds given for the payment of the 
first half of the principal sum borrowed in new tenour bills 
loaned by order of this Assembly, although the time of pay- 
ment mentioned in the condition of said bonds is past, remain 
yet unpaid, the several borrowers neglecting or refusing the 
payment thereof: 



112 PUBLIC RECORDS [May, 

It is, therefore, resolved hy this Assembly, That all such 
bonds that shall remain unpaid till the tenth day of December 
next shall be put in suit in the several counties in which the 
obligor or obligors dwell ; and the Treasurer of the Colony is 
[291] hereby authorized and fully || impowered to sue out all 
such bonds remaining unpaid as aforesaid after the time afore- 
said, and he is hereby directed to do the same in the several 
counties as aforesaid ; and for that end the Treasurer is author- 
ized and fully impowered to substitute attorney or attorneys for 
the purpose aforesaid, and them at pleasure to revoke ; and 
on such suits the said Treasurer or his substitutes may proceed 
to final judgment and execution, according to the common 
rule and course of tlie law. 

■Always provided, That if any borrower shall pay the princi- 
pal due by such bond, according to the condition of such 
bonds, and tlie interest thereon from the time the bond was 
out till paid, at the rate of three per cent, per annum, in 
silver at the rate of eight shillings per ounce troy weight 
sterling alloy, or gold equivalent, at any time before the said 
tenth day of December, the Treasurer shall accept the same 
and not require the lawful interest secured by such bonds. 

Whereas his Honour the Governor has informed this As- 
seml)ly that Robert Clark, of Uxbridge in the county of Wor- 
cester and the Province of the Massachusets Bay, in pursu- 
ance of orders and authority given to him for that purpose, 
has apprehended one John Scions and Joseph Boyce, which 
have been convicted of counterfeiting bills of credit at Salem 
in the Province aforesaid, and has said Scions and Boyce now 
in keeping in the town of Hartford, and the said Clark prays 
the aid of this Assembly for the safe conveying said persons 
into the Province aforesaid, that they may be brougiit to 
justice: Resolved by this Assembly, that his Honour the Gov- 
ernour be desired to issue a writ directed to the sheriff of the 
county of Hartford, his deputy, requiring him to receive into 
his care the said Scions and Boyce, and also to command suf- 
ficient assistance for the safe carrying of said persons to the 
civil authority in the county of Hampshire in the Province 
aforesaid. 
An Act to advance the Fare of Nehantick Ferry, called tlie Rope Ferry. 

It is resolved hy this Assembly, That the fare of said ferry 
shall be lor the future for man, horse and load, six-pence, and 
for footmen four-pence, and for each ox or cow one shilling, 
and for each sheep or swine one penny, and for a single horse 
six-pence, all in old tenour ; any law, usage or custom to the 
contrary notwithstanding. 



1745.] OF CONNECTICUT. 113 

Upon the memorial of John Booge, of East Haddam, repre- 
senting that he is seized as tenant for life of a farm of lands 
in said East Haddam of very considerable value, which might, 
if advantageously improved or disposed of, afford him a com- 
fortable subsistence, and which yet, through the infirmity of 
a great age, he is become unable so to improve or dispose of, 
<fec.; and praying that he, or some other meet person, be im- 
powered to lease out his said farm for and during the term of 
six years, &c.,as per said memorial on file appears: Resolved 
by this Assembly, that Daniel Cone, of said East Haddam, be 
appointed, and he is Irereby appointed and impowered, in the 
most advantageous manner he shall be able, to lease out the 
memorialist's said farm, to be prudently and without waste 
improved, for and during the said term of six years ; and that 
if it shall happen that the memorialist decease before expira- 
tion of said term, that then and in such case all such rents and 
profits as from and after such his decease shall accrue and 
become due on such lease shall be and belong to the proper 
legal heir or heirs to said estate, and by said Daniel Cone be 
accordingly applied. 

Upon the memorial of Edward Robinson, of New London, 
praying for the payment of his account of sundry articles 
delivered to Sachem Ben Uncas, as by the memorial on file : 
Resolved by this Assembly, that the memorialist have out of 
the Colony Treasury the sum of fifty-one pounds ten shillings 
and two pence money old tenour, and the Treasurer is hereby 
ordered to pay the same accordingly. 

Upon the. memorial of Thomas Spencer, Michael Hill, 
Thomas Spencer, jun^., Josiah Wright, Josiah Wilcox, Job 
Bulkley, Daniel Edwards jun""., and Ebenezer Platts, of the 
towns of Saybrook and Killingsworth, declaring that they are 
sober dissenters frorn the worship and ministry established by 
the laws of this government, and that they are of the per- 
suasion of the people called Baptists, and true protestants ; 
and thereupon praying for the indulgence of this Assembly: 
[292] Resolved by this Assembly, that the memorialists be 
indulged the enjoyment of the liberty of meeting and wor- 
shiping according to their own persuasion : provided they first 
before this Assembly take the oaths and subscribe the declara- 
tion provided by act of Parliament in like cases, which they 
may be admitted to. 

By the Grovernor and Qompany of his Majesty^s Colony in 
Neiv England in America. 

An Act for the more full and compleat Establislxment of Yale College 
m New Haven, and for enlarging the Powers and Priviledges thereor. 

Whereas, upon the petition of several well-disposed and 
15 



114 PUBLIC RECORDS [May, 

publick-spirited persons, expressing their desire that full lib- 
erty and priviledge miglit be granted unto certain undertakers, 
for the founding, suitably endowing, and ordering a Collegiate 
School within this Colony, wherein youth might be instructed 
in the arts and sciences, the Governor and Company of the 
said Colony, in General Court assembled at New Haven, on 
the ninth day of October in the year of our Lord one thous- 
and seven hundred and one, granted unto the Reverend 
Messrs. James Noyes, Israel Chauncey, Thomas Buckingham, 
Abraham Pierson, Samuel Mather, Samuel xindrew, Timothy 
Woodbridge, James Pierpont, Noadiah Russell, and Joseph 
Webb, (who were proposed to stand as trustees, partners or 
undertakers for the said society,) and to their successors, full 
liberty, right and priviledge, to erect, form, direct, order, estab- 
lish, improve, and at all times in all suitable ways to encour- 
age the said school in some convenient place in this Colony, 
and granted sundry powers and priviledges for the attaining 
the end aforesaid: And whereas, the said trustees, partners 
or undertakers, in pursuance of the aforesaid grant, liberty 
and lycence, founded a Collegiate School at New Haven, 
known by the name of Yale College, which has received the 
favourable benefactions of many liberal and piously disposed 
persons, and under the blessing of Almighty God has trained 
up many worthy persons for tlie service of God in the state as 
well as in the church : And whereas the General Court of this 
Colony, assembled at New Haven the tenth day of Octo])er, in 
the year of our Lord one thousand seven hundred and twenty- 
three, did explain and enlarge the aforesaid powers and privi- 
ledges granted to the aforesaid partners, trustees or under- 
takers, and their successors, for the purpose aforesaid, as by 
the respective acts, reference thereto being had, more fully 
and at large may appear: And whereas the Reverend Messrs. 
Thomas Clap, Samuel Whitman, Jared Eliot, Ebenezer Wil- 
liams, Jonathan Marsh, Samuel Cook, Samuel Whittelsey, 
Joseph Noyes, Anthony Stoddard, Benjamin Lord, and Daniel 
Wadsworth, the present trustees, partners and undertakers 
of the said school, and successors of those before mentioned, 
have petitioned that the said school with all the rights, powers, 
priviledges and interests thereof, may be confirmed, and that 
such other additional powers and priviledges may be granted 
as shall be necessary for the ordering and maiuiging the said 
school in the most advantageous and beneficial manner, for 
the promoting all good literature in the present and succeeding 
generations: Therefore, 

The G-ove7'nor and Comjjany of his 3IajeMi/^s said English 
Colony of Connecticut^ iti Qeneral Court assembled, this niyith 



1746.] OF CONNECTICUT. 115 

day of May in the year of our Lord one thousand seveti hundred 
and forty-jive, enact, ordain and declare, and by these presents it 
is enacted, ordained and declared : 

(1.) That the said Thomas Clap, Samuel Whitman, Jared 
Eliot, Ebenezer Williams, Jonathan Marsh, Samuel Cook, 
Samuel Whittelsey, Joseph Noyes, Anthony Stoddard, Benja- 
min Lord, and Daniel Wadsworth, shall be an incorporate 
[293] society, or body || corporate and politick, and shall here- 
after be called and known by the name of The President and 
Fellows of Yale College in New Haven ; and that by the same 
name they and their successors shall and may have perpetual 
succession, and shall and may be persons capable in the law to 
plead and be impleaded, defend and be defended, and answer 
and be answered unto, and also to have, take, possess, acquire, 
purchase or otlierwise receive, lands, tenements, hereditaments, 
goods, chattels or other estates, and the same lands, tene- 
ments, hereditaments, goods, chattels or other estates to grant, 
demise, lease, use, manage or improve, for the good and bene- 
fit of the said college, according to the tenour of the donation 
and their discretion. 

(2.) That all gifts, grants, bequests and donations of lands, 
tenements or hereditaments, of goods and chattels, heretofore 
made to or for the use, benefit and advantage of the Collegiate 
School aforesaid, whether the same be expressed to be made 
to the President or Rector and to the rest of the incorporate 
society of Yale College, or to the Trustees or Undertakers of the 
Collegiate School in New Haven, or to the trustees by any 
other name, stile or title whatsoever, whereby it may be 
clearly known and understood that the true intent and design 
of such gifts, grants, bequests and donations was to or for the 
use, benefit and advantage of the Collegiate School aforesaid 
and to be under the care and disposal of the governors 
thereof, shall be confirmed, and the same hereby are confirmed 
and shall be and remain to, and be vested in the President 
and Fellows of the College aforesaid and their successors, as 
to the true and lawful successors of the original grantees. 

(3.) That the said President and Fellows and their suc- 
cessors shall and may hereafter have a common seal, to serve 
and use for all causes, matters and affairs of them and their 
successors, and the same seal to alter, break and make new, 
as they shall think fit. 

(4.) That the said Thomas Clap shall be, and he is hereby 
established, the present President, and the said Samuel Whit- 
man, Jared Eliott, Ebenezer Williams, Jonathan Marsh, 
Samuel Cook, Samuel Whittelsey, Joseph Noyes, Anthony 
Stoddard, Benjamin Lord, and Daniel Wadsworth, shall be, 



116 PUBLIC RECORDS [May, 

and tliey are hereby established, the present Fellows of the 
said college; and that they and their successors shall continue 
in their respective places during life, or until they, or either 
of them, shall resign or be removed or displaced, as in this 
act is hereafter expressed. 

(5.) That there shall be a general meeting of the President 
and Fellows of said College in the college library, on the 
second Wednesday of September annually, or at any other 
time and place which they shall see cause to appoint, to con- 
sult, advise and act in and about the affairs and business of the 
said College ; and that on any special emergency the President 
and any two of the Fellows, or any four of the Fellows, may 
appoint a meeting at the said college: provided they give 
notice thereof to the rest by letters sent and left with them or 
at the places of their respective abode five days before such 
meeting; and that the President and six Fellows, or in case 
of the death, absence or incapacity of the President, seven 
Fellows convened as aforesaid, (in which case the eldest 
Fellow shall preside,) shall be deemed a meeting of the Pres- 
ident and Fellows of said College ; and that in all the said 
meetings the major vote of the members present shall be 
deemed the act of the whole, and where an equi-vote happens, 
the President shall have a casting vote. 

(6.) That the President and Fellows of the said College 
and their successors, in any of their meetings assembled as 
aforesaid, shall and may from time to time, as occasion shall 
require, elect and appoint a President or Fellow in the room 
and place of any President or Fellow who shall die, resign or 
be removed from his office, place or trust, whom the said 
Governor and Company hereby declare for any misdemeanour, 
unfaithfulness, default or incapacity, shall be removable by 
the President and Fellows of the said college, six of them at 
least concurring in such act ; and shall have power to appoint a 
scribe or register, a treasurer, tutors, professors, steward, and 
all such other officers and servants usually appointed in col- 
leges or universities, as they shall find necessary and think 
fit to appoint, for the promoting good literature and the well 
[294] ordering and managing the affairs of said || college, 
and them or any of them at their discretion to remove, and to 
prescribe and administer such forms of oaths (not being con- 
trary to the laws of England or of this Colony) as they shall 
think proper to be administred, to all the officers, instructors 
of the said college, or to such and so many of them as they 
shall think proper, for the faithful execution of their respec- 
tive places, offices and trusts. 

(7.) Tliat the present President and Fellows of said college 



1745.] OF CONNECTICUT. 117 

and their successors, and all such tutors, professors and other 
officers as shall be appointed for the pulilick instruction and 
government of said college, before they undertake the execu- 
tion of their respective offices and trusts, or within three 
months after, shall publickly in the college hall take the oaths 
and subscribe the declaration appointed by an act of Parlia- 
ment made in the first year of King George the first, entituled 
An Act for the further security of his Majesty's person and 
government and the succession of the crown in the heirs of 
the late Princess Sophia, being protestants, and for extinguisli- 
ing the hopes of the pretended Prince of Wales and his open 
and secret abettors : that is to say, the President before the Gov- 
ernor, Deputy Governor, or any two of the Assistants of this 
Colony, for the time being, and the Fellows, tutors and other 
officers before the President for the time being, who is hereby 
impowered to administer the same ; an entry of all which shall 
be made in the records of said college. 

(8.) That the President and Fellows shall have the gov- 
ernment, care and management of the said college, and all 
the matters and affairs thereunto belonging, and shall have 
power, from time to time as occasion shall require, to make, 
ordain and establish all such wholesome and reasonable laws, 
rules, and ordinances, not repugnant to the laws of England, 
nor the laws of this Colony, as they shall think fit and proper, 
for the instruction and education of the students, and order- 
ing, governing, ruling, and managing the said college, and all 
matters, affairs and things thereunto belonging, and the same 
to repeal and alter, as they shall think fit; (which shall be laid 
before this Assembly as often as required, and may also be 
repealed or disallowed by this Assembly when they shall 
think proper.) 

(9.) That the President of said college, with the consent 
of the Fellows, shall have power to give and confer all such 
honours, degrees or lycences as are usually given in colleges 
or universities, upon such as they shall think worthy thereof. 

(10.) That all the lands and rateable estate belonging to 
the said college, not exceeding the yearly value of five hun- 
dred pounds sterling, lying in this government, and the per- 
sons, families and estates of the president and professors, lying 
and being in the town of New Haven, and the persons of the 
tutors, students, and such and so many of the servants of said 
college as give their constant attendance on the business of it, 
shall be freed and exempted from all rate?, taxes, military 
service, working at highways, and other such like duties and 
services. 

(11.) And, for the special encouragement and support of 



118 PUBLIC RECORDS [May, 

said college, this Assembly do hereby grant unto the said 
President and Fellows and their successors, for the use of the 
said college, in lieu of all former grants, one hundred pounds 
silver money, at the rate of six shillings and eight pence per 
ounce, to be paid in bills of publick credit, or other currency 
equivalent to the said lumdred pounds, (the rate or value 
thereof to be stated from time to time by this Assembly,) in 
two equal payments in October and May annually: this pay- 
ment to continue during tlie pleasure of tliis Assembly. 

In full testimony and confirmation of this grant and all the 
articles and matters therein contained, the said Governor and 
Company do hereby order that this act shall be signed by the 
Governor and Secretary, and sealed with the publick seal of 
the Colony, and that the same, or a duplicate or exemplifica- 
tion thereof, shall be a sufficient warrant to the said President 
and Fellows, to hold, use and exercise all the powers and 
priviledges therein mentioned and contained. 

[295] This Assembly do appoint Andrew Burr, Esq^, to 
be Judge of the County Courts in and for the county of Fair- 
field the year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq'', to be 
Judge of the Courts of Probate in the district of Fairfield the 
year ensuing. 

This Assembly do appoint Joseph Minor, Esqr,to be Judge 
of the Court of Probate in the district of Woodberry the year 
ensuing. 

This Assembly do appoint Jonathan Hoit, Esq"", to l)e 
Judge of the Court of Probate in the district of Standford the 
year ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of the Court of Probate in the district of Danbury the 
year ensuing. 

This Assembly do appoint Andrew Burr, Edmund Lewiss, 
John Thompson, Jonathan Hoit, and William Preston, Esq^^, 
to be Justices of the Peace and Quorum in and for the county 
of Fairfield the year ensuing. 

This Assembly do appoint John Burr, Joseph Minor, 
Noah Hinman, Joseph Blackleach,Theophilus Nickols, Robert 
Walker, Samuel Addams, Samuel Sherwood, Thaddeus Burr, 
John Read, Moses Dimon jun"",, Thomas Tousey, Job Sher- 
man, James Bc^be, Thomas Benedict, James Benedict, Rich- 
ard Olmstead, Samuel Hanford, James Lockwood, John Betts, 
Benjamin Hickcox, Samuel Hoit, Jonathan Makbie, Nathaniel 
Peck, and Ebenezer Mead, and Samuel Fitch, Esq^^, to be 



1745.] OF CONNECTICUT. 119 

Justices of the Peace in and for the county of Fairfield the 
year ensuing. 

Upon the petition of Winslow Tracy, of Norwich in the 
county of New London, setting forth that in an action he 
brought against Joseph Tracy of said Norwich, demanding 
two tracts of land, in which action final judgment was ren- 
dered in favour of the defendant, in the superior court holden 
in said Norwich in March last, and that in the tryal the said 
Winslow had lost his case by making a wrong reply to a plea 
put in by the defendant ; praying that the judgment of said su- 
perior court may be reversed, and that the petitioner may have 
another tryal of said action at the superior court to be holden 
at New London in September next, with liberty to alter said 
reply : Resolved by this Asseml)ly, that the said judgment of 
the superior court be reversed, and the same is hereby reversed 
and made void, and the said petitioner hath liberty granted 
him to have another tryal of his said action in the said supe- 
rior court to be holden in New London in September next, 
wliere he may alter his said reply ; and the future cost only to 
follow said tryal. 

Upon the petition of John Wadsworth, late of Canterbury 
in the county of Windham, now of Milton, &c., vs. Joseph 
Parkhirst, of Plainfield in tlie county of Windham aforesaid, 
complaining of the judgment of the superior court held in 
Windham in March, A. D. ITlf , rendered against him in a 
case there depending between the petitioner, then plaintiff, and 
the said Parkhirst, defendant, brought for the recovery of 
about one hundred and eighty-eight acres of land, alledging 
that the court and jury had missed the law therein, and pray- 
ing a reversal of the said judgment, and for liberty of a new tryal 
of said case : Resolved by this Assembly, that the judgment 
of the superior court held in Windham in March aforesaid, 
given in the said case, be set aside, and the same is hereby 
set aside ; and that the petitioner have liberty, and the same is 
hereby granted to him, to have another tryal of the said action 
at the superior court to l)e held in Windham aforesaid on the 
third Tuesday of September next ; and that the future cost 
only go according to the judgment that shall be given 
therein. 

Upon the memorial of Manoah Smith, of Glassenbury, pray- 
ing this Assembly to settle the ferry called Glassenbury Ferry 
on him the memorialist : Resolved by this Assembly, that the 
said Manoah Smith keep said ferry for the future, at the usual 
place over Connecticut River, he taking the fare thereof as al- 
ready by law provided. 



120 PUBLIC RECORDS [May, 

This Assembly do establish and confirm Mr. Benjamin 
Seeley to be Ensign of the company or trainband at the north 
parish in the town of New Fairfield, and order that he be com- 
missioned accordingly. 

[296] An Act for ttie impowering Persons to take Care of and. improve 
Estates given for the Support of the Ministry. _ 

Whereas there have been divers grants, donations or se- 
questrations of lands, moneys, or other estates or interests, 
made for the use of the ministry settled and established by 
the laws of this Colony, by means whereof, in sundry of the 
towns and societies in this Colony, there are considerable 
estates belonging to such town or society, for the use of the 
ministry therein settled as aforesaid : but, for want of suffi- 
cient provision in the law to enable some suitable persons to 
take care of and improve such estates for the use aforesaid, the 
same are liable to great loss and waste, and are much less 
profitable than otherwise they might be rendered : 

Be it, therefore, enacted hy the Governor, Council and Rep- 
resentatives, in General Qourt assembled, and hy the authority 
of the same, That where there are any lands, moneys or other 
estate, granted, given or sequestered, according to ancient 
custom, usage or practice, or shall hereafter be given, granted 
or sequestered, for the use and support of such ministry in any 
town or society in this Colony, then, and in every such case, 
the selectmen for the time being of such towns in which there 
is but one ecclesiastical society, and the committee for the time 
being of such ecclesiastical society as have or may be consti- 
tuted by this Assembly, or a committee appointed by such 
town or society, (which they, respectively, are hereby impow- 
ercd to appoint for that end,) shall have full power and author- 
ity to demand, recover, receive, take care of and improve, all 
such lands, moneys or other estates, to and for the use and 
support of the ministry settled as aforesaid in such town or 
society which they respectively represent, according to the true 
and real meaning, intent, end and design in such grants, dona- 
tions and sequestrations of such lands, moneys or other estates, 
contained, and of their improvement thereof, and of the in- 
crease, profits and interests thereof, to be accountable from 
time to time to such town or society as they respectively 
represent. 

And, that such selectmen and committee may be enabled 
more effectually from time to time to do the service aforesaid : 

Be it farther enacted hy the authority aforesaid, That the 
selectmen and committee aforesaid, or the major part of them, 
shall and may make all proper and necessary contracts, and 
commence, prosecute and pursue all needful suits, actions and 



1745.] OP coNNKCTicuT. 1:^1 

causes in the law, for the purpose aforesaid ; and such select- 
men and committees as shall from time to time succeed and 
come into the room and stead of others removed by death 
or otherwise, shall have the same power to act, appear, pros- 
ecute and pursue, in and upon any contract, suit, action or 
cause, for or concerning the matters aforesaid, as fully as 
those whom they succeed in the offices aforesaid might or 
could do if they had not been removed as aforesaid. 

And whereas divers of the societies aforesaid are made or 
hereafter may be made and constituted out of two or more ad- 
joyning towns, so that part of the society live in one town and 
part in another : And whereas, by virtue of the grants, dona- 
tions or sequestrations aforesaid, such part of a society that 
live in one of the adjoyning towns have or may have some 
lands, moneys or other estates, belonging to that part distinct 
from the rest of the society, for the use aforesaid : 

Be it therefore, further enacted hy the authority aforesaid. 
That such parts of societies, having such distinct interests, 
shall and may meet among themselves and from time to time 
act, order and direct respecting such their distinct interests for 
the use aforesaid, according to the provision by this act made 
for societies in regard to such interests, and for that end may 
[297] choose a clerk, who shall be duly sworn || to a faithful 
discharge of his trust ; also may appoint a committee to take 
care of and improve the interests aforesaid, for the use afore- 
said, who shall have the same power and authority, and be 
under the same regulations, respecting the said interests 
belonging to such part of a society, as is given and j)rovided 
by this act to and concerning the committee or committees of 
tlie societies aforesaid, respecting tlie matters and interests 
aforesaid. 

Upon the petition of Aylmer Gravel, of Pliiladelphia, pray- 
ing the reversal of a judgment given against him by the county 
court held at New London in June, 1748, in favour of William 
Spencer, of Suflfield in the county of Hampshire ; and praying- 
liberty to enter said action at the county court to be held at 
New London in the county of New London the second Tues- 
day of June next, and to proceed upon the same according to 
law, the said judgment notwithstanding: Resolved by this 
Assembly, that said judgment be set aside, and that the peti- 
tioner have liberty to enter said action at the county court to 
be held at New London the second Tuesday of June next, 
and proceed upon the same as though it had come to said 
county court by review : always provided the petitioner pro- 
cure and give sufficient bond to prosecute the same accord- 

16 



122 PUBLIC RECORDS [May, 

ing to law : and that only the future cost shall follow final 
judgment. 

Resolved hy this Assembli/, That Colonel Thomas Wells 
and Colonel John Chester be joyned with Nathaniel Stanly, 
Ozias Pitkin, William Pitkin and Joseph Buckingham, Esq^^ 
who were a)3pointed a committee by this Assembly, to examine 
and adjust the accounts that by any person or persons shall 
be brought in and laid before said committee during the ses- 
sions of this Assembly, respecting the war; any three of said 
committee with full power to hear, examine, and adjust said 
accounts, and to sign orders to the Treasurer of the Colony 
to deliver and pay out of the treasury such sum or sums of 
money allowed by said committee, (the commissaries accounts 
respecting the expedition to Cape Breton excepted.) 

Ordered hy this Assembly, That the Treasurer pay out of the 
publick treasury unto Colo. Hezekiah Fluntington the sum of 
thirty-four pounds twelve shillings old tenour, being the bal- 
lance of his account (allowed by this Assembly) relating to 
the purchasing rigging for the sloop Defence by order of the 
government in October last. 

Upon the memorial of Natlianiel Green and others, inhal)it- 
ants of the town of Cornwall, praying for a tax upon the 
land of said township, to defray ministerial charges and for the 
building a meeting-house in said town : This Assembly grants 
and orders a tax of four pence, money of the old tenour, per 
acre per annum, upon three hundred acres of each right in 
said township, laid out or agreed to l)e laid out, on said rights, 
and that tlie same begin on the first day of July next, and con- 
tinue for the space of two years then next afterwards, and to 
be collected by Mr. Mathevv Millard of said Cornwall, and im- 
proved for the purposes aloresaid. 

Upon the memorial of John Bartlett, Beriah Whitmore, and 
others, belonging to the parish of Midlefield in Midletown in 
the county of Hartford, praying that the report of a former 
committee appointed to affix a place for a meeting-house in 
said parish, might not be confirmed, and that another com- 
mittee may be appointed, again to view the circumstances of 
said parish, and affix the place for said meeting-house, &c. : 
Resolved by this Assembly, that Messrs. Joseph Pitkin, Thos. 
Hart, of Kensington, and Daniel Goodwin of Harttord, in said 
county, bo a committee to view tiie circumstances of said par- 
ish and to affix a place lor the building of a meeting-house 
where it shall be most for the advantage of said society in 
general ; first notilying all persons concerned ; and make 
report of their doings to this Assembly in reasonable time. 



1745.] OF CONNECTTCUT. 123 

Upon the petition of James Enno, of Union in the county of 
Windham, vs. William Enno, of Symsbury in the county of 
Hartford, on file : The question was put, whether the pleas 
offered by the respondent in abatement of the said petition are 
sufficient to abate the same : Resolved by this Assembly in 
the affirmative. Cost allotved respondent <£8 5s. Od. Ex. 
granted., July \Wi^ 1745. 

[298] Upon the petition of Thomas Moffat, of Boston, vs. 
Timothy Thrall, of Windsor, representing that before the 
superior court at Hartford in September last he brought his 
writ of scire facias against Timothy Thrall, to shew reason 
wherefore a certain judgment by him recovered against James 
Poisson and Walter Henderson should not l)e affirmed against 
him, said Thrall, as surety, &c., and that on demurrer to the 
declaration said scire facias wixs found, thrd a mistake in reci- 
tal of the record, to be insufficient; which error to correct he, 
by a law of limitation, is prevented ; and praying liberty to 
prosecute a new scire facias against said Thrall, &c., as per his 
petition on file, dated April MOtb, 1745: Resolved by this 
Assembly, that the petitioner have liberty of commencing a 
new writ of sci^-e facias in the premises against the said Thrall, 
at the superior court to be held at Hartford in September 
next, in due form of law to be prosecuted, and that of the writ 
of scire facias the future cost only to follow the final judg- 
ment. 

Upon the petition of Joseph Brandon and Benjamin Dolbear, 
of Boston, vs. Timothy Thrall, of Windsor, representing that 
they had purchased, and before the superior court at Hartford 
in March last had depending, a writ of scire facias against 
said Timothy Thrall, to shew reason wherefore a certain judg- 
ment by them obtained against James Poisson and Walter 
Henderson should not be affirmed against him, said Thrall, as 
surety, <fec., and that on demurrer to the declaration, said 
scire facias, through an oversight or misprisionin recital of the 
record, was found to be insufficient ; which error to correct by 
new process he, by the law of limitation of such-process, is 
prevented ; and praying liberty to prosecute a new writ of 
scire facias against said Thrall, &c., as per their petition on 
file, dated April 30th, 1745 : Resolved by this Assembly, that 
the petitioners have liberty of commencing a new writ of 
scire facias in the premises against the said Thrall, at the 
superior court at Hartford in September next, against him in 
due form of law to be prosecuted ; and that of the writ of scire 
facias the future cost only shall follow the final judgment. 

Upon the memorial of Ebenezer Barns and others, inhabi- 



124 PUBLIC RETORDs [May, 

tants of the fourth society in the town of Parmingtown, repre- 
senting tlie burthen of charges lying upon tlie said inhabitants 
on account of settling a minister and building a meeting-house 
for the publick worship, as proposed by them, and praying that 
all the unimproved lands within the limits of said society 
might be rated or taxed at six pence old tenour per acre per 
annum^ &c. : Resolved by this Assembly, that all the unim- 
proved lands within the limits of said society or parish be rated 
or taxed, and they are hereby ordered to be taxed at six pence 
money, old tenour, per acre per annw/i, for the space of four 
years, to commence next from and after the rising of this 
Assembly, to be raised and levied of the several owners of 
such lands according to their respective quantities, whether 
non-residents or others ; and that the said moneys so raised be 
improved towards the settling of a minister and building a 
meeting-house for the publick worship in said parish ; and 
Moses Lyman, one of the inhabitants of said parish, is hereby 
ordered and inabled to collect the said moneys and deliver 
the same into the hands of the committee of said parish or 
society, to be improved for the purposes aforesaid. 

This Assemldy do establish and confirm Mr. John Woodruff 
to be Quarter-Master of the Troop in the second regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Hull 
to be Captain of the north company or trainband in the par- 
ish of Cheshire, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Benjamin 
Moss to be Lieutenant of the north (company or trainband in 
the parish of Cheshire, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Ephraim Hub- 
bell to be Captain of the company or trainband in the town 
of Kent, and order that he be commissioned accordingly. 

[299] Upon the petition of David Sherman jun"", of Strat- 
field in Fairfield county, against Mr. Samuel Cook, of said 
Stratfield, representing that said Mr. Cook had brought his 
action against him, setting forth that at a society meeting on 
the 16tli of December, 1742, held at said Stratfield, the said parish 
did grant unto him, then being their minister, the sum of 
.£225 Os. Oc^. for his salary for the then current year, and 
chose one Zachariah Sandford collector, <fec. ; that he had 
been prevented the procuring a distress to enforce the collect- 
ing said sum, (great part of which remained unpaid,) by his, 
said Sherman's, refusal to certify, &c., and demanding sixty 



1745.] OF CONNECTICUT. 125 

pounds lawful money in damages ; that in said action final 
judgment was erroneously rendered against him, the petitioner, 
by the superior court at Fairfield in February last, for the said 
Mr. Cook to recover of him the sum of £12 lOs. lO^c^. lawful 
money damage and cost ; and praying a reversal of said judgment, 
and liberty of a new tryal of said cause, or other relief in 
the premises, as per petition on file, dated April 2yth, 1745: 
Resolved by this Assembly, that said judgment complained of 
is not erroneous. And it is also further resolved, that the 
committee of said society of Stratfield shall procure a distress 
under hand of proper authority, directed to said Zachariah 
Sandford, hiui commanding of the rate or tax made for the rais- 
ing said X225 in said December granted as abovesaid still re- 
maining unpaid, forthwith to collect and pay to the present 
committee of said society the sum ol" fifty pounds three shil- 
lings and six pence in bills of the old tenour, by the first day 
of July next, to be by them, on receipt thereof, forthwith paid to 
the said David Sherman ; and on failure or refusal to have 
collected and pay as abovesaid, the next assistant or justice of 
the peace, on information thereof, shall issue a distress 
directed to the sheriff of the county of Fairfield, or his deputy, 
&c., them requiring said sum of fifty pounds three shillings 
and six pence, together with the charges on said distress 
arising, of said committee to collect, and to the petitioner to pay 
and deliver, to his own proper use and behoof. Cost atloived Mr. 
SaniU. Cook vs. David ^SIt,ernian jr^ £5 18s. 4:d. Ex. gran- 
ted/or the cost Oct. 24th, 1745. 

An Act for enlarging the Limits of the Second Military Company in the 
Town of Nor^vich. 

Whereas by the affixing of the limits of the sixth military 
company in said town, (which was the bounds of the parish of 
New Concord,) there was a considerable part of the company 
then known by the name of the company on the west side of 
the dividing line of the second company, (though not suffi- 
cient to make a compleat company,) left without being annexed 
to any company, who lie so situate as that they may most con- 
veniently attend military service in the second company in said 
Norwich : 

Be it enacted by the Governor, Council and Representatives.. 
in General Court assembled, and by the authority of the same. 
That the limits of the military company under the command 
of Capt. Joseph Tracey, and known by the name of the sec- 
ond company in said Norwich, be enlarged, and the limits 
thereof are hereby ordered to extend south westwardly by New 
Concord line to New London bounds, thence by New London 
bounds running eastwardly to New London road, thence north- 



12fi PUBLIC RECORDS [May, 

erlj by said road till it comes to the line of the said second 
company, at the river. 

This Assembly do establish and confirm Mr. Nathan Bennet 
to be Captain of the company or trainband in the parish of 
Ripton, and order that he be commissioned accordingly. 

This Asseml)ly do establish and confirm Mr. Samuel Addams 
to be Lieutenant of the company or trainband in the parish 
of Ripton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Sevignion 
Lewis to be Ensign of the company or trainband in tlie par- 
ish of Ripton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Sanmel 
Stoughton to be Ensign of the 2d company or trainband in 
the town of Windsor, and order that lie be commissioned 
accordingly. 

[300] Upon the petition of John Rose, of Weathersfield, 
in the county of Hartford, representing that George Wyllys, 
Esq"", and John Whiting, Esq"", both of Hartford, brought 
their joynt action against him to the adjourned county court 
held at Hartford in and for the county of Hartford on the last 
Tuesday of January last past, demanding damages forty 
pounds money, old tenour, wherein they set forth that Guin- 
nea, a negro slave and servant of the said R(jse, had cut down 
and destroyed a large green poplar tree, claimed to be in the 
possession of the said Wyllys and Whiting, and that judgment 
was there rendered against the petitioner on a demurrer to 
the declaration, and that the petitioner advised his attorney 
to review the said action to the county court held at said Hart- 
ford in Ajtril then next, which by mistake was omitted to be 
entered, &c. ; praying for liberty to enter said action at the 
adjourned county court to be held at Hartford in and for the 
county of Hartford on the third Tuesday of June next, and 
there have another tryal in said action ; and that the whole 
cost follow the final judgment, &c. : Resolved by this Assem- 
bly, that the said Jolm Rose have liberty to enter said action 
at the said adjourned county court held at said Hartford on 
the third Tuesday of June next, and there have another tryal 
in said action, and that the whole cost follow the final judg- 
ment in said action, and that execution of said former judg- 
ment be suspended in tlie mean time. 

Upon the memorial of Peter Quintai'd, of Norwalk, and 
Hannah Quintard, of Standford, administrators on the estate 
of Isaac Quintard, late of Standford, deceased, shewing that 
the debts due from said estate surmount the moveable estate 



1745.] OP CONNECTICUT. 127 

of said deceased the sum of four hundred forty-one pounds 
four shillings and three pence old currency, and praying for 
liberty to sell so much of the real estate of said deceased as 
will be necessary to answer the said sum with the necessary 
charges arising thereon : Resolved by tliis Assembly, that the 
memorialists have liberty to sell so much of the real estate of 
the said deceased as will be necessary to pay the said sum of 
four hundred forty-one pounds four shillings and three pence 
old currency with the necessary charges arising therein, taking 
the direction of the court of probate in the district of Stand- 
ford therein ; and the memorialists and Nathaniel Hul)bard, 
of said Standford, are hereby appointed and substituted to 
make sale of the real estate for the purpose aforesaid, and to 
give proper deed or deeds thereof accordingly. 

Upon the memorial of Nathan Disbrow, of Fairfield, desir- 
ing liberty to keep a ferry and build a toll bridge across the 
salt water river lying between the towns of Fairfield and Nor- 
walk, at a place called the Narrows at tbe Great Rock, so 
called : Resolved by this Assembly, that the said Nathan Dis- 
brow have liberty, and liberty and the privilege of setting up 
and keeping a ferry at said place is hereby granted unto him, 
and the same to keep and maintain until lie build a good 
horsc-ltridge across the said river at said place, which this 
Assembly grants to him the sole liberty and right to do as 
soon as he sees cause to do it ; ar.d the fare of said ferry and 
toll of said bridge, when they shall be respectively set up and 
built, shall be as follows, {viz:} for man, horse and load, and 
also for a single horse, ox or cow, or other neat cattle, eight 
pence old tenour, and four pence in like tenour for each single 
person, till this court slrall order otherwise ; and the said 
ferry during the time it shall l)e kept up, and the said bridge, 
shall be under the regulations of the laws of this government 
respecting ferries and toll-bridges : provided the said Disbrow, 
at or before the first of June, A. D. 1746, set up said ferry, 
and after that continue to keep up the same, or erect and con- 
tinue to maintain the bridge aforesaid. 

This Assemlily do establish and confirm Mr. Benjamin Fin- 
ney to be Ensign of the seventh company or trainband in the 
town of Windsor, and order that he be commissioned accord- 
ingly. 

[301] On the petition of Moses Bush, of Midletown in 
the county of Hartford, vs. Daniel Robbins, of Weathersfield, 
in said county, on file : The question was put, whether the 
pleas offered in abatement of said petition are sufficient to 
abate the same : Resolved by this Assembly in the affirmative. 



128 PUBLIC RECORDS [May. 

Cost allowed respondent is £Q 6s. Od. Ex. granted.^ June 19^A, 
1746. 

Resolved hy this Assembly, That a number of volunteers, not 
exceeding two companies consisting of one hundred men each 
exclusive of commission officers, he forthwith raised and sent 
to reinforce the troops already gone on the expedition against 
Cape Breton ; and that the encouragements for such able- 
bodied effective men as shall inlist themselves to go on said 
reinforcement be the same as were allowed and given to such 
as were first raised to go on said expedition, and suital)le offi- 
cers be forthwith appointed and sent forth to inlist volunteers 
as aforesaid. 

This Assembly do appoint Capt. Adonijah Fitch, of Leba- 
non, to be Captain of one of the military companies of recruits 
ordered by this Assembly to be raised for the expedition against 
Cape Breton. 

This Assembly do appoint Mr. Nathaniel Farrand, jun"", of 
Milford, to be Captain of one of tlie military companies of 
recruits ordered by this Assembly to be raised for the expedi- 
tion against Cape Breton. 

This Assembly do appoint Mr. Ezekiel Ashley to be Lieu- 
tenant of one of the companies of recruits ordered by this 
Assembly to be raised for the expedition against Cape Breton. 

This Assembly do appoint Mr. Jabez Barlow, of Fairfield, 
to be Lieutenant of one [of] the military companies of re- 
cruits ordered by this Assembly to be raised for the expedi- 
tion against Cape Breton. 

This Assembly do appoint Mr. John Parker, of Say brook, 
to be Ensign of one of the military companies of recruits or- 
dered b}'^ this Assembly to be raised for tlie expedition against 
Cape Breton. 

This Assembly do appoint Mr. Ephraim Parrish, of Brand- 
ford, to be Ensign of one of the military companies of recruits 
ordered by this Assembly to be raised for the expedition 
against Cape Breton. 

This Assembly do establish and confirm Mr. John Sprague 
to be Captain of the north company or trainband in the town 
oi' Sharon, and order that be l)e commissioned accordingly. 

This Assembly do establish and confirm Mr. John Purdee 
to be Lieutenant of the north company or trainband in the 
town of Sharon, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Thomas North 



1745.] OP CONNECTICUT. 129 

to be Ensign of tlie north company or trainband in the town 
of Sharon, and order tliat he be commissioned accordingly. 

This Assembly being informed by a letter from Thomas 
Gushing, Esq^ of Boston, to his Honour the Governor, that 
in pursuance of an order received from Governor Shirley to 
procure pilots for our transports in the present exj)edition 
against Ca])e Breton, that in order thereto he, the said Thomas 
Cusliing, Esq I", did advance the sum of thirty-two pounds ten 
shillings in old tenour bills of credit, desiring the same may 
be remitted to him : Resolved by this Assembly, that Nathan- 
iel Stanly, Esq'", be directed, and he is hereby directed, to 
draw out of the publick treasury of this Colony the sum of 
thirty-two pounds ten shillings in old tenour bills of credit, 
and tlie treasurer is hereby ordered to deliver the same to the 
said Nathaniel Stanly, Esq"", who is hereby directed to im- 
prove the first opportunity to transmit the same to the said 
Thomas Gushing, Esqi", taking his receipt for the same. 

This Assembly do establish and confirm Mr. John Williams 
to be Gaptain of the south company or trainband in the town 
of Siiaron, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Dun- 
ham to be Lieutenant of the south company or trainband in 
the town of Sharon, and order that he be commissioned ac- 
cordingly. 

[302] This Assembly do establish and confirm Mr. Garret 
Winegar to be Ensign of the south company or trainband in 
the town of Sharon, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jeremiah Good- 
rich to be Gaptain of the 8th company or trainband in the 6th 
regiment in this Golony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Savage to 
be Lieutenant of the 8tli company or trainband in the 6tli 
regiment in this Golony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Benoni Hale 
to be Ensign of the 8th company or trainband in the 6th regi- 
ment in this Golony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Timothy 
Gleaveland to be Gaptain of the 2d company or trainband in 
the town of Canterbury, and order that he be commissioned 
accordingly. 
17 



130 PUBLIC RECORDS [May, 

This Assembly do establish and confirm Mr. Isaac Hide to 
be Ensign of the 2d company or trainband in the town of 
Canterbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. James Ward, 
jun^, to be Captain of the second company or trainband in the 
6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establisli and confirm Mr. Return Meiggs 
to be Lieutenant of the second company or trainband in the 
6tli regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. John Kent to 
be Ensign of the second company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Hr. David Grant 
to be Ensign of the company or trainband at the parish of 
Wintonbury, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Samuel Stiles 
to be Lieutenant of the 2d company or trainband in the town 
of Windsor, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. George Hub- 
bard, jun^ to be Lieutenant of the 17th company or trainband 
in the 6th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Ebetiezer Clark 
to be Ensign of the 17th company or trainband in the 6th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

Whereas James Dunlop, of Stratford in the county of Fair- 
field, brought his petition to this Assembly at their sessions 
in May, 1740, against Ebenezer Beach, administrator on the 
estate of Mary Smith, alias Dunlop, and Benjamin Cogshall 
and Elizabeth his wife, Samuel Jones and Hannah his wife, 
all of said Stratford, complaining that his father, Mr. Archi- 
bald Dunlop, late of said Stratford, deceased, dyed seized of a 
considerable estate, which came into the hands of the said 
Mary, who was administratrix on the estate of tlie said Arclii- 
bald, and that there was never any distribution or settlement 
made thereof, and that at her, the said Mary's, decease there 
was remaining a considerable part of said estate, some of 
which had gotten into the hands of the said Elizabeth and 
Hannah, sisters to him, the said James, and that he had not 



1745.] OF CONNECTICUT. 13l 

his share thereof; praying said Assembly to grant him relief 
according to equity, &c.; which petition of the said James, by 
continuance, came to the said General Assembly at their ses- 
sions in October, A. D. 1741, when and where the said Gen- 
eral Assembly, upon the report of a committee who had a full 
hearing of said parties on tlie said case, did by their act declare 
that tlie said Elizabeth and Hannah had received and tal-cen 
the benefit of one half of the estate of the said Archibald, 
and that the other half of his estate lay in a certain tract of 
land lying in said Stratford at a place called the White Hills, 
containing by estimation one hundred and thirty-one acres, 
bounded south and west on higluyays, east on Stratford river, 
and north on land formerly belonging to Samuel and John 
Walker, and that the said James Dunlop ought to have the 
said tract as his part and portion of his said father, the said 
Archibald Dunlop's, estate : whereupon it was resolved by 
[303] said Assembly, at their sessions in October, 1741, || 
aforesaid, and by them ordered and decreed, that the said 
James Dunlop should have and hold the said one hundred and 
thirty-one acres of land at the White Hills aforesaid, to him, 
his heirs and assigns, as his share of his father's estate as 
aforesaid : And whereas the said Benjamin Cogshall and Eliz- 
abeth his wife, and Samuel Jones and Hannah his wife, 
brought their petition against the said James Dunlop to this 
Assembly at their sessions in October last, therein setting 
forth more largely the circumstances of the estate of the said 
Archibald Dunlop, and shewing that by the decree aforesaid 
great injustice was likely to be done to the said Elizabetii and 
Hannah, and praying.said Assemlily to set aside and make 
void the said act and decree, and enquire into the whole cir- 
cumstances of said case on which said act and decree was 
made, and determine thereon in equity : whereupon it was 
resolved by this Assembly, at their sessions in October last, 
that Jonathan Hoit, Esq"", of Standford, John Hubbard, Esq"", 
and Samuel Mix, both of New Haven, should be a committee, 
with full power and authority to appoint time and place, notify 
the parties, and them to examine under oath, and all other 
evidences by the said parties produced, and to enquire into 
the whole case and all matters and circumstances relating 
thereto, and to make return of what they should find in the 
premises, and to report their opinion to this Assembly at their 
present sessions, on the wiiole case : And whereas the said 
committee, pursuant to the order, direction and resolve of 
this Assembly in October last, as aforesaid, have proceeded 
and now laid before this Assembly their report and opinion 
of the said case and the several essential matters and circum- 



132 PUBLIC RECORDS [May, 

stances relating thereto npon the evidences by the parties 
produced to them, and among otlier things liave given their 
opinion that the said land at the White Hills ought to be 
divided to the said James Dunlop and Elizabeth Cogshall and 
Hannali Jones, in manner following, (^viz:} Twenty-five acres 
of said land at tlie White Hills to the said James, and also 
one equal half of the remainder of said land to him, the said 
James, and the other half of the said remainder to the said 
Elizabeth and Hannah ; and the report of said committee 
being now read to this Assembly, and this Assembly having 
lieard the evidences with the pleas and allegations of the par- 
ties thereon, and duly considered tlie same, have thereupon 
accepted the report of the said Jonathan Hoit, John Hub- 
bard and Samuel Mix, and do thereupon order, enact and 
decree, that the order and decree of this Assembly held in 
October, A. D. 1741, made between the parties aforesaid, on 
the controversy aforesaid, be set aside and made void, and the 
same and every part thereof is hereby set aside and declared 
null and void : And thereupon, this Assembly do now further 
enact, order and decree, that the aforesaid one hundred and 
thirty-one acres of land, lying at the White Hills, be divided, 
(^viz :) twenty-five acres thereof to the said James Dunlop, 
and also one equal half of the remainder of the said land to 
him, said James, and the other half of said remainder of the 
land to the said Elizabeth and Hannah, and to their lieirsand 
assigns forever ; anything in the former order and decree of 
this Assembly notwithstanding. And this Assembly do here- 
by appoint Capt. John Fowler, Mr. Robert Treat and Mr. Na- 
thaniel Farrand, all of Milford, a committee to divide the 
aforesaid lands, by proper meets and bounds, to the said 
James, Elizabeth and Hannah, according to the true intent 
and meaning of this order and decree ; and make return of 
their doings thereon to the Secretary of this Colony, who is 
hereby ordered to record the same in the publick records of 
this Assembly, which shall be a legal evidence to the parties 
aforesaid, for their holding of the said lands in the propor- 
tion aforesaid. 

An Act in Addition to, and Emendation of, an Act entitviled An Act in 
Addition to and for Explaining- of the Law referring' to Idiots. 

Whereas in said act it is provided that such relations, re- 
spectively, shall relieve such poor persons in such manner as 
the county court in that county where such sufficient persons 
dwell shall assess, and it so happens that such sufficient per- 
sons dwell in several counties, by means whereof difficulties 
arise : Which to remedy, 

Be it enacted hy the Qovernor, Council and Representatives, 



1745.] OF CONNECTICUT. 133 

in General Court assembled, and by the authority of the same, 
That the county court in that county where such poor and 
impotent person dwells shall have power to assess such suffi- 
[304] cient relations, || respectively, whether they live in the 
same or any other county, in such manner as said court shall 
judge just, for the relief of such poor persons ; and the said 
courts are hereby fully authorized and impowered to do the 
same and grant execution thereon accordingly ; any law, 
usage or custom to the contrary in any wise notwitlistanding. 

The Additions to the Lists of Estate of the several Towns in this Govern- 
ment hereafter mentioned, sent in to this Assembly, are as follo-w, 

(viz:) _ 

Single Additions. Fourfold Assessments. 
£ s. d. £ s. d. 

- 432 10 
172 

144 4 

808 8 

- 410 14 



To New Haven, 


1416 


13 


9 


To Svmsbury, 


304 


5 





To Stratford, 


500 








To Brandford, 


206 


17 


6 


To Say brook, 


625 


4 


6 


To Lebanon, 


526 


4 





To Norwich, 


701 


14 


5 


To Hebron, 


201 


16 





To Haddam, 


407 


8 


6 


To Canterbury, 


2265 


5 


9 


To Durham, 


8 


8 





To Preston, 


364 


1 





To Guilford, 


415 


17 





To Groton, 


255 


19 





To East Haddam, 


450 








To Plainfield, 


95 


19 





To Mansfield, 


282 


1 


6 


To Milford, 


484 


11 


2 


To Windham, 


1364 


17 


6 


To Norwalk, 


1230 


15 





To Derby, 


349 


16 





To Stoningtown, 


293 


16 





To Greenwich, 


1164 


15 





To Pomfrett, 


264 








To Coventry, 


524 


12 


6 


To Lyme, 


2036 


13 





To Killingley, 


197 


1 





To Woodberry, 


731 








To Windsor, 


1000 


14 





To Farmingtown, 


300 








To New London, 


18 


18 


8 


To Hartford, 


518 


(> 





To Weathersfield, 


2245 


7 


9 



29 


6 


246 


8 


781 


6 


16 





151 


16 


1342 


4 


8 






216 1 

3802 

91 4 

24 



435 16 
2100 1 4 



134 PUBLIC RECORDS [May, 

To Midletown, 601 16 - - 73 12 

To Standford, 792 18 li - - 366 16 

Upon tlie representation of Colonel John Whiting, Treas- 
urer, shewing to this Assembly tliat he obtained a judgment 
against Zebulon Mygatt, of Hartford, for a surrendery of 
twenty-two acres of land in said Hartford, which was mort- 
gaged for fifty pounds of the first emission of loan money, 
and praying the direction of this Assembly how to dispose of 
said land : Resolved by this Assembly, that the said Treasurer 
be directed, and he is hereby directed, to make sale of the 
said twenty-two acres of land to the highest bidder ; and 
Nath' Stanly, Esq"", and the Secretary of this Colony are di- 
I'ected and impowered under the seal of this Colony to con- 
vey said land to the purchaser or purchasers ; and the money 
received by the Treasurer on the sale of said laudato remain 
in his hands for the use of this Colony. 

Upon the memorial of James Royce and William Johnson, 
a committee for the second society in Mansfield, representing 
that the said society agreed to build a new meeting-house of 
forty-eight feet in length and thirty-three feet in breadth, and 
[305] had the place || for the same set and fixed by this As- 
sembly, and that the said society do not proceed to build a 
meeting-house upon the place fixed for the same, to the dis- 
couragement of divine worship in said society; praying relief 
from this Assembly : and it appearing to this Assembly that 
the said society do not proceed to build a meeting-house upon 
the place fixed as aforesaid : Whereupon this Assembly do 
enact, decree and order, that an assessment and tax of three 
shillings upon the pound upon the polls and rateable estate in 
said society (and tliat the same) be forthwith levyed and paid 
in, to tbe publick Treasurer of this Colony, to be reimbursed 
for the setting up and building said meeting-house ; and that 
the said house he built forty-eight feet in length and thirty- 
three feet in breadth ; and Mr. Enoch Pierce, constable in said 
Mansfield, is hereby appointed and ordered to collect said 
rate ; and this Assembly do appoint and authorize Colo. Jon- 
athan Trumble and Ebenezer West, Esq", both of Lebanon, 
to set up, build and finish a meeting-house of the dimensions 
aforesaid, on the place affixed as aforesaid, and for that pur- 
pose the said committee are hereby impowered and ordered to 
take and receive of the Treasurer the money levyed as afore- 
said. 

Upon the petition of Joseph Roath, of Norwich in the 
county of New London, against Daniel Leffingwell and Sam- 
uel Lefifingwell, both of said Norwich, setting forth that the 



1745.] OF CONNECTICUT. 135 

said Leffingwells brought their action against the petitioner, 
for the surrendry of about eighteen acres of land in said 
Norwich, as per their writ dated the third day of February, 
174f , and that tlie same action came to the superior court held 
at New London in September, 1744, at which court judgment 
was rendered against the petitioner, and by mistake the case 
was not removed for a review, wlien by law there was liberty 
for the same ; praying for a rehearing in said case : Tliis As- 
sembly grants unto the petitioner another tryal in said case 
at the superior court to be held at New London on the 4th 
Tuesday of September next, and that the future cost follow 
said tryal ; and the said judgment of the superior court is 
hereby suspended. 

On the memorial of the proprietors of New Fairfield, shew- 
ing to this Assembly that the northern extension of the town- 
ship of said New Fairfield, and also tlie eastern extension of 
said township of New Fairfield, after it get northward of the 
township of New^ Milford, is not fixed and ascertained; pray- 
ing that the same may be fixed and ascertained : 

Resolved by this Assembly^ That a line drawn from the inter- 
section of the west line of the township of New Milford with 
the nortliern line of the townsliip of Danbury, straight to and 
passing through a white oak tree with stones laid to it, now 
settled and agreed on to be the northwest bounds of the town- 
ship of said New Milford, fourteen miles from said Danbury 
township, at the end or termination of said fourteen miles a 
monument shall be made, which said monument shall be and 
remain the northeast corner of the townsliip of said New 
Fairfield, and tlie line drawn from the aforesaid white oak tree 
to the monument to be erected as aforesaid shall forever here- 
after determine the eastern extension of tlie township of said 
New Fairfield, northward of said New Milford ; and a line 
drawn at rigiit angles with the line from said white oak tree 
to the monument to be erected as aforesaid, straight to the 
Colony line, shall hereafter determine the northern extension 
of said New Fairfield; and Edmund Lewiss, Esq"", county sur- 
veyour in the county of Fairfield, be appointed, at the cost of 
the memorialists, to run the line aforesaid and to make the mon- 
ument aforesaid, and to make return of his doings to this 
Assembly in October or May next. 

Upon the memorial of Mathew Millard and Elizabeth Har- 
riss, administrators on the estate of Thomas Harriss, late of 
Cornwall in the district of Litchfield, deceased, shewing to 
this Assembly that the debts due from said estate amount to 
the sum of <£204 os. Wd. and the personal estate amojiints to 



136 PUBLIC RECORDS [May, 

the sum of X81 15s. dd. exclusive of the widow's necessa- 
ries, so that the debts surmount the personal estate the sum of 
,£122 7s. Sd. and tliereupon praying that they may have liber- 
ty to make sale of so much of the real estate of the said 
deceased as to pay the said sum of £122 7s. Sd. : Resolved by 
tliis Assembly , that the said Mathew Millard and Elizabeth Harris 
have power to sell so much of the real estate of the said 
Thomas Harriss, deceased, as to pay the said sum of X122 
7s. Sd. with the necessary charges thereon arising ; tailing the 
advice of the court of probate in the district whereto tlicy 
belong. 

[306] Upon the memorial of the inhabitants of Sharon, 
])raying for a tax of four pence upon the acre upon all those 
lands that were laid out to the proprietors before October 
last, for defraying the ministerial charges and building a meet- 
ing-house, for reasons offered in the memorial, as by the same 
on file appears: Resolved by this Assembly, that a tax of 
four pence upon the acre of all the lands laid out in said 
Sharon before October last to the proprietors of said township, 
and that the same be annually levied for the term of four 
years, reckoning from the first day of October last, for the 
buildhig a meeting-house and defraying the ministerial charges ; 
and that the collector of the town rates in said town, for the 
time being, shall collect this tax. 

Upon the memorial of Jonathan Westover, of Symsbury, 
representing that he hath mortgaged almost all his estate to 
this government, that an action is now depending on said mort- 
gage, to have its final tryal at the superior court in Septem- 
ber next, that said estate mortgaged is worth XIOOO Os. Od. 
and the sum for which said mortgage was given, with the 
interest, is but £310, of which he can pay £200 Os. Od. in 
tln-ee months, and that for not being able to advance the resi- 
due before said superior court he is lyable to lose his estate, 
&c. ; and praying relief, as per his memorial on file: Resolved 
by this Assembly, that, in case the memorialist shall pay two 
hundred pounds, parcel of the sum for which said mortgage 
was given, on or before the first day of September next, and 
shall also pay and satisfy all cost and charge on prosecution 
of said action arisen, and shall also give bond with sufficient 
surety (on interest) to the Governor and Company of this 
Colony, for the residue due on said mortgage, payable within 
one year from the rising of this Assembly, then and in such 
case a release of his said lands, mortgaged as abovesaid, shall 
be executed to him by the committee heretofore appointed and 
impowered to execute releases on payment of mortgages, &c, 



1745.] OP CONNECTICUT. 137 

on the memoralist's procuring said committee to be duly cer- 
tified of the premises. 

Upon the memorial of Jedadiah Dudley, of Saybrook, shew- 
ing to this Assembly that wliereas Joseph Stannard, of said 
Saybrook, did, when he was on board the sloop Defence, felon- 
iously take from on board the said sloop Defence one pistol 
and sundry other things, and that he, the said Dudley, did ob- 
tain a writ of our lord the King against said Stannard, and he, 
the said Stannard, was brought to justice and punished ; and 
that he, the said Dudley, was at considerable cost to prose- 
cute said affair, to the amount of £9 16s. Od.; and praying 
to' this Assembly that he may draw the said sum of <£9 16s. Qd. 
old tenour, out of the publick treasury of tliis Colony: Resolv- 
ed by this Assembly, that whereas there is four pounds of the 
said sum already secured in the hands of Colo. Samuel Lynde, 
that the same be delivered to tlie memorialist, and that the 
remainder, (^viz.') five pounds sixteen shillings, be paid to him 
out of the publick treasury; and the Treasurer is hereby 
ordered to pay the same. 

Upon the memorial of Jolin Baker and others, inhabitants 
of the parish of Roxbury in Woodberry in the county of Fair- 
field, representing that the committee appointed by this 
Assembly in May, 1744, (^viz.} Colo. Benjamin Hall, John 
Southmaid and Samuel Hickcox, to affix the place for a 
meeting-house in said parish, did affix said place out of the 
center and to the disadvantage of the inliabitants in general, 
&c., and praying that the same committee might be again ap- 
pointed to view, &c. and that their report might not be ac- 
cepted, &G. : Resolved by this Assembly, that the same 
committee be and are hereby again appointed to review and 
reconsider the circumstances of said parish, and to appoint 
and affix the place for said meeting house, first notifying all 
parties concerned, and to make report to this Assembly in 
October next, at the charge of the memorialists. 

Upon the memorial of Nathaniel Green and others, inhab- 
itants of the town of Cornwall, praying for a tax upon the 
land of said township, to defray ministerial charges and for the 
building a meeting-house in said town: This Assembly grants 
and orders a tax of four pence, money of the old tenour, per 
acre pe?' mmvm, upon three hundred acres of each right in 
said township, laid out or agreed to be laid out on said rights ; 
and that the same begin on the first day of July next, and con- 
tinue for the space of two years then next afterwards, and to 
be collected by Mr. Mathew Millard, of said Cornwall, and 
improved for the purposes aforesaid. 
18 



138 PUBLIC RECORDS [May, 

[307] Upon the memorial of Samuel Harrington, John 
Baldwin, Paul Tyler, Peter Tyler and others, inhabitants of 
the north part of Brand ford, praying that a certain re])ort of 
Messrs. John Hubbard, Jonathan Allen and John Hitchcock, 
of New Haven, dated October loth, 1744, and to this Assem- 
bly in October last exhibited, may now be reconsidered, ac- 
cepted and allowed, &c., as per said memorial, dated May 2d, 
1745: Resolved by this Assembly, that the said report be 
accepted, and that all the inhabitants within the limits in said 
report mentioned shall be and become a distinct ecclesiastical 
society, with full power to form themselves into and imliody 
in church estate, and with all other powers and privileges 
which other parishes within this Colony have, and that the 
bounds and limits of said parish shall be as follows, as in said 
report is set forth, (viz:') Bounding north on Wallingford 
bounds, west on New Haven, south by the north side of Heze- 
kiah Rogers's land to the road, and tben by Jacob Carter's 
south line so far as that goes, from thence by the ridge of the 
hill to the Gulf Brook, so called, then up the brook to the brow 
of the hill on the south side of said brook, thence on the brow 
of an hill to an highway, thence southwardly by said highway 
to the head of the widow Hoadly's farm, and tiience eastwardly 
to Guilford line, and so running with Guilford line to Wall- 
ingford line. 

Upon the memorial of Josiah Buck, of Weathersfield, admin- 
istrator on the estate of David Buck, late of Weathersfield, 
deceased, shewing that the debts due from said estate sur- 
mount the moveable estate of said deceased the sum of ,£109 
7s. Aid. old currency, and praying for liberty to sell so much 
of the real estate of said deceased as will be necessary to 
answer the said sum with the necessary charges arising there- 
on: Resolved by this Assembly, that Colonel John Chester, 
of Weathersfield, have liberty to sell so much of the real estate 
of the said deceased as will be necessary to pay the said sum 
of £109 7&. 4(i. old currency, with the necessary charges 
arising thereon, taking the direction of tbe court of probate in 
the district of Hartford therein; and the said Colo. John 
Chester is hereby appointed and substituted to make sale of 
said real estate for the purpose aforesaid, and to give proper 
deed or deeds thereof accordingly. 

Upon the memorial of Joseph Phelps, Esq"", agent for the 
inhal)itants of the town of Hebron, shewing to this Assembly 
the great difficulties they labour under for want of a conve- 
nient house to meet in for divine worship, and tbat they are 
unable to agree among themselves upon any proper expe- 



1745.] OP CONNECTICUT. 139 

dieiits ill the case; and praying for a committee to repair to 
said town, with instructions to view, &c., as in the said memo- 
rial on file : Resolved by this Assembly, that Colo. Benjamin 
Hall, Maj. Elihu Chaunccy and Capt. Jedadiah Chapman, be a 
committee to repair to the town of Hebron aforesaid and view 
the circumstances of said town, having first given proper notice 
unto the people therein, and on such their view to determine 
whether it may not be best to divide the said town into two 
societies; and if they should judge it best to divide, then to 
draw a line of partition and proceed to affix a place for a 
meeting-house in each society, or otherwise to appoint and 
fix a place for the building a meeting-house for the whole town, 
in case they judge a new one necessary, if not, to advise and 
direct in what manner the old house should be enlarged and 
repaired; and make report of their doings in the premises to 
the General Assembly to be holden at New Haven in October 
next. 

Upon the memorial of Esther Seabury, of New London in 
the county of New London, administratrix on the estate of 
John Seaberry,late of said New London, deceased and intestate, 
shewing to this Assembly that said estate is insolvent, pray- 
ing that this Assembly would grant liberty to sell the real 
estate of the said deceased for the payment of the debts due 
therefrom, as far as it shall extend, proportionably, and to 
make and execute a deed or deeds of conveyance of the same 
according to law, saving to the widow what is saved and 
reserved according to law : Whereupon this Assembly grants 
liberty to and authorizes the said Esther Seaberry and Colo. 
Christopher Avery of Groton, to sell the real estate of the said 
John Seabury, deceased, and to make and execute a proper 
deed or deeds of sale of the same according to law, excepting 
to the widow what by law is excepted and reserved ; taking 
the direction of the court of probates in the district of New 
London in the sale thereof. 

[308] Upon the memorial of Samuel Barnes and Abraham 
Barnes, both of the first society in Waterbury, praying that 
they, their lands and estate, may be annexed unto the society 
of Westbury: Resolved by this Assembly, that the said Sam- 
uel Barns and Abraham Barns, their lands and their estates, 
be annexed unto the said society of Westbury, and they, the 
said Samuel Barns and Abraham Barns, be allowed to enjoy 
all the privileges of the inhabitants of said society of Westbury 
accordingly. 

Upon the memorial of Joshua Lazell and Joseph Puller, 
both of Kent in the county of Hartford, representing to this 



140 PUBLIC RECORDS [May, 

Assembly that one Isaac Vernerniim, of Alobeck in Dutchess 
county and Province of New York, purchased of one Stephen 
John Indian, of Squampamack in the county of Albany in the 
Province aforesaid, a certain tract of land within this Colony, 
containing about two thousand acres, bounded as set forth in 
a deed of the same land made and executed by the said Stephen 
John Indian to the said Isaac Vernernum, dated the 8tli day 
of October, 1743, which interest so purchased came down by 
mean conveyances to the memorialists; praying this Assembly 
to confirm unto tlie memorialists tlie said land, or so much 
thereof as should be a meet recompence for the said purchase: 
Resolved by this Assembly, that Colonel William Preston 
and Capt. Thomas Knowles, both of Woodberry, be, and they 
are hereby appointed, a committee, at the cost of the govern- 
ment, to view the said lands under the present circvimstances 
thereof, measure the same and make an estimate thereof, and 
report their doings thereon to this Assembly in October 
next, in order that a recompence for said purchase may be 
made. 

Upon the memorial of the inhabitants of New Cambridge, 
shewing to this Assembly that more than two-thirds of said 
inhabitants, in their meeting on the 17th instant, voted to build 
a meeting-house with all convenient speed ; praying this 
Assembly to appoint a committee to fix a place for building 
the same: Resolved by this Assembly, that Capt. Giles Hall, 
Maj^ Jabez Hamlin and Capt. Thomas Johnson, be a com- 
mittee, and they are hereby appointed a committee for the 
purpose aforesaid, and are directed to repair to the parish of 
New Cambridge, giving seasonable notice to all persons con- 
cerned, view the circumstances of said parish, and affix a 
place for the building a meeting-house, and make report of 
their doings to this Assembly in their sessions in October 
next. 

Upon the memorial of the inhabitants of Salisbury, by their 
agent Samuel Bellows, 'representing that this Asseml)ly at 
their sessions in October, A. D. 1743, did grant a tax of six 
pounds on each right of land in said Salisbury, for the space 
of three years then next, for the building a meeting-house, 
&c., and that said rights are now so sold &g. as rendei'S the 
collecting said tax very difficult, &c. ; praying this Assembly 
to grant a tax of two pence per acre on all the lands that 
before said October had been divided or agreed to be divided, 
except former grants and publick rights, to be continued, <fec., 
and to be improved as aforesaid: Resolved by this Assembly, 
that a tax of two pence old tenour per acre be granted and 



1745.] OP CONNECTICUT. 141 

assessed on all the lands that before said October liad been 
divided, except former grants and publick rights, to be contin- 
ued for the space of tiu-ee years annually, to commence from 
October aforesaid, to be in lieu of said six pound tax, to be 
collected of the owners of such lands by the person that was 
appointed to collect the said former tax, and improved for the 
purposes aforesaid, and that the said tax of six pounds per right 
be void, and that what has been 'paid pursuant thereto be 
reckoned and accounted as so much paid on account of this 
present tax. 

Upon the memorial of William Newport, of New London, 
praying that this Assembly would order him the sum of six 
pounds fourteen shillings and six pence, old tenour, for his 
making Ben-Uncas'scloathes, &c., for which he never had any 
satisfaction : Resolved by this Assembly, that the said William 
Newport be allowed and paid out of the Colony treasury the 
sum of <£6 14s. 6d. old tenour; and the Treasurer of the 
Colony is hereby ordered to pay the same. 

[309] Upon the memorial of David Marshall, of Windsor 
in the county of Hartford, praying that his poll be exempted 
from being listed in the publick list, &c. : Resolved by this 
Assembly, that the poll of the said David Marshall be ex- 
empted from being inlisted in the publick list, and that for the 
future it be not liable to be rated or assessed towards the pay- 
ing any rates or publick charges whatsoever. 

Whereas William Roberts, Peter Hogoboom, James Beebe, 
Uriah Stephens, Daniel Lawrence, and Mr. EUslia Webster, 
inhabitants of the town of Canaan, shewing to this Assembly 
that the proprietors purchasers of said town had settled the 
same and fulfilled the terms upon which said Canaan was 
granted to them, praying that they may have a patent for the 
same under tiie seal of this corporation, to be signed by the 
Governor and Secretary of this Colony, and thereupon pro- 
duced in this Assembly a patent of said town, according to the 
original survey thereof made by Edmund Lewiss, Esq"", John 
Buel and William Judd, dated the 28th day of May, A. D. 
1745: Whereupon this Assembly do enact and order, that 
the said William Roberts, Peter Hogoboom, &c., have the 
said patent, produced by them before this Assembly as afore- 
said, duly executed under the seal of this corporation, signed 
by tlie Governor and Secretary of this Colony, as by them 
prayed for. 

Upon the motion of Thomas Fitch, Daniel Edwards, Robert 
Walker, and the rest of the proprietors purchasers of the 
township of Salisbury, shewing they had settled said town and 



142 PUBLIC RECORDS [May, 

fulfilled the terms on which said Salisbury was granted to 
them, and thereupon praying for a patent to them for said 
township, and in pursuance of said motion now produced 
before tliis Court a draft for a patent, containing the bounds 
thereof as surveyed by Messrs. Edmund Lewiss, Stephen 
Noble and William Gaylord, which draft bears date the 28t]i day 
of May, 1745: Resolved by this Assembly, that the said pro- 
prietors have a patent for said township; and it is hereby en- 
acted and ordered, that the said draft prepared be executed 
by being signed by the Governor and Secretary of this Colony, 
and having the seal of the Colony thereto affixed. 

Upon the report of the committee appointed to pitch upon 
the place for the erecting a meeting4iouse for divine worship 
in the parish of Midlefield in the town of Midletown : Resolved 
by this Assembly, that the inhabitants of said parish do with 
all convenient speed proceed to set up and finish a house for 
divine worship in said parish, in the highway running north- 
erly and southerly, and by the land of Benjamin Wetmore, on 
a small hill northward of a small run of water, where the said 
committee have set a stake, the sills of said meeting-house to 
enclose said stake. 

Upon the memorial of James Mackall, Gideon Hunt and 
Abigail Hunt, executors of the last will and testament of 
Edward Culver, late of Lebanon, deceased, shewing to this 
Assembly that the debts due from the estate of said deceased 
surmount the moveable estate the sum of X462 3s. 4fZ. ; pray- 
ing to this Assembly for liberty to sell so much of the real 
estate of said deceased as will be sufficient to pay the said sum 
of X462 3s. 4:d. with the charges arising thereon: Resolved 
by this Assembly, that the memorialists have liberty, and 
liberty is herel)y granted them, to sell so much of the real 
estate of said deceased as will pay and satisfy said sum of X462 
3s. 4<i. with the necessary charges thereon arising ; taking the 
direction of the court of probate in and for the district of 
Windham therein. 

Upon the memorial of Thomas Seymour, administrator on 
the estate of Capt. Thomas Seymour, late of Hartford in the 
county of Hartford, deceased, representing that there is the 
sum of £306 18s. Od. in debts due from said estate more 
than the moveable estate of said deceased will pay, and pray- 
ing for liberty to sell so much of the real estate of said de- 
ceased as will pay the same,&c. : Resolved by this Assembly, 
that the said Thomas Seymour, administrator, shall have full 
power to sell and dispose according to law so much of the 
real estate of said deceased as will be sufficient to pay the 



1745.] OP CONNECTICUT. 143 

said sum of 56306 18.s. Od. money, and all incident charg-es 
arising on said sale, taking the advice and direction of the 
court of probates of the district of Hartford tlierein. 

[310] Resolved hy this Assemhh/, That the commissaries 
appointed to make provision for the expedition against Cape 
Breton be allowed out of the publick treasury, for their service, 
two and a half per cent, and no more, and that the Colony 
Treasurer deliver unto the abovesaid commissaries the sum of 
three thousand pounds in bills of credit of tlie old tenour, 
taking a receipt for the same, whicli sum, or so much thereof 
as is necessary, shall be improved to answer the charges of 
said expedition ; and that the Treasurer of the Colony deliver 
out of the Colony treasury unto Colo. Thomas Wells, Colo. 
Hezekiah Huntington and Colo. Gurdon Saltonstall, three of 
the commissaries aforesaid, the sum of three hundred and 
thirty-eight pounds two shillings and sixpence, in addition 
to the three thousand pounds ; and the said commissaries shall 
render an account of their doings in relation to the premises, 
according to the direction of this Assembly. 

Ordered hy this Assembly., That the Treasurer of tliis Colony 
pay out of the jmljlick treasury unto Colo. Joseph Minor and 
Colo. William Preston, the sum of fourteen pounds money 
old tenour, for five days service in viewing certain lands be- 
longing to this Colony, by order of the Assembly in October 
last. 

This Assembly appoints Nathaniel Stanly, William Pitkin, 
Joseph Buckingham and John Chester, Esqi^^ or any three 
of them, a committee to inspect, examine and adjust the ac- 
counts of the several commissaries who were appointed to 
make the necessary provision for the expedition to Cape 
Breton, &c., as also to enquire into and state an account of 
what has been paid to the several general and other officers 
commissioned for the said expedition, and to lay the said 
accounts, thus adjusted and stated, before this Court in the 
present sessions, or in the sessions thereof in October next, 
that proper orders and directions may be given respecting 
the same. 

This Assembly appoints Samuel Messenger Surveyor of 
Lands in and for the county of Hartford for the future. 

This Assembly do appoint Capt. Samuel Chapman, of Tol- 
land, to be Captain of one of the companies of foot ordered 
to be raised for the reinforcement of the troops gone from 
this Colony on the expedition against Cape Breton. 

This Assembly orders, that Ezekiel Ashley appointed to be 
one of the lieutenants, and John Parker appointed one of 



144 PUBLIC RECORDS [May, 

the ensigns, belong to Capt. Adonijah Fitch's company to be 
raised for the reinforcement of the troops gone in the present 
expedition to Cape Breton ; and that Jabez Barlow, appointed 
to be one of the lieutenants, and Ephraini Parrish, appointed 
one of the ensigns, belong to Capt. Samuel Chapman's com- 
pany to be raised for the purpose aforesaid ; and that their 
commissions be given accordingly. 

Whereas this Assembly in the present sessions have resolved 
to raise two companies of volunteers, each consisting of one 
hundred men exclusive of commission officers, for recruits to 
reinforce the troops in the expedition to Cape Breton, and 
have nominated the officers for the said two companies, to be 
commissioned for that purpose : It is further resolved, that 
Ebenezer Silliman, Esq"", and Major Jabez Hamlin be ap- 
pointed, and they are hereby appointed, to make provision for 
the said two companies for two months after their embarkation, 
excepting for their transportion, as has been made for the 
troops already gone in the said expedition. And that the said 
companies may be forthwith raised, his Honour the Governor is 
desired to commission tlie proper officers for the said compa- 
nies, and issue proclamations for their encouragement, and to 
give the captains warrants enabling them to enlist the same ; 
and that if any of the officers nominated to be commissioned 
as aforesaid shall fail, his Honour the Governor, by and with 
the advice of the Committee of War at Milford, is desired to ap- 
point and commission others in their place. And it is further 
resolved, that the said companies being raised, shall proceed 
to Cape Breton, to join and reinforce the troops there, 
[311] and to belong to Colonel Andrew Burr's regiment. And 
his Honour the Governor is desired to give orders for the 
troops to march to New London, and there embark for that 
purpose, when he shall be informed that the transports under 
suitable convoy shall be arrived, or near arriving, at New 
London. 'Provided nevertheless, that if his Honour the Gov- 
ernor shall before or after such enlistment, and before their 
embarkation, receive authentick accounts or intelligence, by 
which it shall appear not necessary to reinforce the troops 
gone in the said expedition, he is desired to give orders to 
prevent their proceeding, and that thereupon to disband 
them. 

Ordered hy this Assemhly, That Ebenezer Silliman and 
Jabez Hamlin, Esqf% commissaries appointed to provide pro- 
visions and other necessaries for the recruits in the expedition 
against Cape Breton and the places adjacent, be, and they are 
each of them, hereby impowered to impress for the service of 



1745.] OF CONNECTICUT. 145 

this Colony any of the things needfnl for said expedition, that 
cannot be otherwise procured upon just and reasonable terms. 

Resolved hy this Assembly^ That the commissaries for the 
recruits to be raised be directed, and they are hereby directed, 
to draw out of the pul)lick treasury the sum of two thousand 
pounds in bills of credit of the old tenour, or equivalent in the 
new, to be by them improved for the furnishing said recruits • 
in said expedition ; and the Treasurer is hereby directed to 
pay and deliver out the same accordingly ; and the captains 
are bereby directed to draw out of the Colony treasury, each 
of them, the sum of three hundred pounds in bills of credit 
of the old tenour, to pay the premia to the souldiers that 
shall inlist for recruits as aforesaid. 

Resolved hy this Assembly, That Jeremiah Miller and Gur- 
don Saltonstall, Esqi's, or either of them, be a committee, 
(upon the return of our troops from the present expedition,) 
to receive and take care of all the provisions, warlike stores 
and other things, belonging to this Colony, which shall re- 
main on board the transports or be in the custody of any of 
the souldiers ; and such things as are likely to be spoiled, to 
dispose of to the best advantage ; and the said committee shall 
be accountable for the things so received, when thereunto 
called by this Assembly. 

Whereas this Assembly at their sessions in May last ap- 
pointed and impowered Capt. Stephen Lee, of New London, 
to put in suit against the mortgagers or tenants in possession 
in the county of New London the several mortgages to the 
Governor and Company which were taken in said county for 
the old tenour bills of credit emitted on loan and the time of 
payment expired before the year 1744, and the condition to 
such mortgages not fulfilled : and whereas the said Capt. 
Stephen Lee is since gone on the expedition : This Assembly 
do, therefore, appoint and authorize Ebenezer Backus in the 
room of the said Capt. Lee, to perform the service said Capt. 
Lee was in said act directed to. 

Whereas Capt*. Daniel Chapman, captain of one of the com- . 
panics in the present expedition, received of Mr. John Holley, 
collector of the country rate in the town of Stamford, the sum 
of fourteen pounds in bills of credit of the new tenour, in the 
service of this Colony, as per his, the said Chapman's, receipt 
under his hand in writing, dated in Stamford, April 5tli, 
1745 : Resolved by this Assembly, that the Treasurer of this 
Colony pay out of the treasury the sum of fourteen pounds 
in bills of credit of the new tenour to the said Holley ; and 

19 



146 PUBLIC RECORDS [May, 

the committee appointed to state the accounts with the officers 
in said expedition are hereby directed to receive of the said 
Holley said Capt. Chapman's receipt, and place said money 
to the said Chapman's account. 

Whereas there is in the hands of Thomas Fitch, Esq^ the 
sum of fifty pounds old tenour, wliich, through a mistake, 
%-as by the committee that divided the bonds taken on the 
sale of the western lands set out to the school in Norwalk : 
Resolved by this Assembly, that the said Thomas Fitch, Esq"", 
deliver the said fifty pounds to the Treasurer of this Colony, 
taking his receipt therefor, which receipt shall by him be 
lodged with the Secretary of this Colony. 

[312] This Assembly grants to the Honourable Jonathan 
Law, Esq% Governor, the sum of seventy pounds new tenour, 
for his half years salary the current year. 

This Assembly grants to the Honourable Jonathan Law, 
Esq"", for his extraordinary service for the government since 
the sessions of this Asseml)ly in October last, the sum of fif- 
teen pounds new tenour bills. 

This Assembly grants unto Eliakim Palmer, Esq'", our 
Agent at the court of Great Britain, the sum of two hundred 
and fifty pounds bills of pulilick credit of the old tenour, for 
his salary the current year. 

This Assembly do grant to John Whiting, Esqi", Treasurer 
of the Colony, for his salary the current year, the sum of fif- 
teen pounds new tenour bills. 

This Assembly grants to George Wyllys, Esq^, Secretary, 
for his salary the current year, the sum of six pounds new 
tenour bills. 

This Assembly do appoint Nathaniel Stanly, Ozias Pitkin, 
William Pitkin, Esq^^ Mr. Joseph Buckingham, Mr. Joseph 
Talcott, Colo. John Chester, and Mr. Jonathan Robbins, to be 
a committee to hear the acts and orders past at this Assembly 
read off, and signed by the Secretary as compleat. 

The whole Record of the several Acts, Grants and Orders 
of this Assembly, as it stands entered on the pages of this 
book next preceding, was read off in the presence of the 
al)ove committee, and signed as compleat. 

George Wyllys, Secret'y. 



1745.] OP CONNECTICUT. 147 



[313] Anno Regni Regis G-eorgii secundi decimo-nono. 

At a General Assembly holden at New Haven in his Maj- 
esty's English Colony op Connecticut in New England in 
America, (by special order op his Honour the Governor,) 
ON Tuesday the 2d day op July, annoque Domini 1745. 

Present : 
The Honourable Jonathan Law, Esq"", Governor. 

James Wadsworth, William Pitkin, "^ 

Nathaniel Stanly, Thomas Fitch, 

Joseph Whiting, Roger Newton, )>Esq'"% Assistants. 

Timothy Pierce, Ebenezer Silliman, 

Samuel Lynde, John Bulkley, 

Representatives or Deputies that attended at the Asse?nblg are 
as follow, (viz:) 

Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford. 

Colo. Gurdon Saltonstall, Capt. Jeremiah Chapman, for New 
London. 

Maj. Thomas Dyer, Mr. Ebenezer Wales, for Windham. 

Mr. William Marsh, Mr. Joseph Parkhirst, for Plainfield. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Colo. Jonathan Hoit, for Stanford. 

Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford. 

Capt. James Beebe, Mr. Thomas Benedict, for Danbury. 

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk. 

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester. 

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killingworth. 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Capt. Nathaniel Harrison, Capt. Robert Foot, for Branford. 

Colo. Joseph Minor, Colo. William Preston, for Woodberry. 

Capt. Samuel Bassett, Mr. Abel Gun, for Darby. 

Mr. Noadiah Brainerd, for East Haddam. 

Major Elihu Chauncey, Mr. Nathan Camp, for Durham. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Mr. Thaddeus Burr, for Fairfield. 

Colo. Hezekiah Huntington, for Norwich. 

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown. 

Mr. John Dixson, Mr. Thomas Kesson, for Volunfcown. 

Mr. Robert Walker, Capt. Theophilus Nickols, for Stratford. 

Mr. John Humphrey, Capt. James Case, for Symsbury. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say 
brook. 

Capt. Joseph Phelps, Mr. William Buel, for Hebron. 

Mr. Boaz Stearns, Mr. Jonathan Clough, for Killingly. 



148 PUBLIC EECORDS [Juljj 

Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingford. 

Major Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield. 

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury. 

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 

Colo. John Dyer, Mr. Solomon Tracey, for Canterbury. 

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

[314] Capt. John Fowler, Mr. Robert Treat, for Milford. 

Mr. Ebenezer West, Capt. James Fitch, for Lebanon. 

Mr. Amos Cheesbrough, for Stoningtown. 

Mr. Joseph Wells, for Haddam. 

Capt. John Mead, for Greenwich. 

Mr. William Wittar, Mr. Ebenezer Leonard, for Preston. 

Mr. John Griswould, for Lyme. 

Mr. Daniel Bissell, for Windsor. 

Colo. Christopher Avery, Mr. John Ledyard, for Groton. 
Colo. Samuel Hill, Speaker, ^ of the House of Representa- 
Capt. Jolin Fowler, Clerk. \ tives. 

Resolved hy this Assemble/, That there be three hundred 
able-bodied effective men raised in tliis government, exclusive 
of commission officers, in addition to what hath been already 
raised as recruits, &c., to i-einforce the forces sent on the ex- 
pedition against Cape Breton. 

Resolved by this Assembly, That a number of volunteers, 
not exceeding three companies, consisting of one hundred 
able-bodied effective men each, exclusive of commission offi- 
cers, be forthwith raised and sent to reinforce the troops 
already gone or going in the expedition against Cape Breton, 
and be and belong to Colonel Andrew Burr's regiment im- 
ployed in said service. 

And, for the encouragement of such volunteers to inlist, it is 
fu7'ther resolved. That such able-bodied effective men as shall 
voluntarily inlist themselves for said service under proper 
officers to be forthwith appointed and commissioned for that 
purpose, sliall have the same encouragement as was allowed 
and given to such as were first raised to go on said expedition. 

It is further resolved, That Ebenezer Silliman, Esq"", Major 
Jabez Hamlin, Colonel Gurdon Saltonstall, and Capt. John 
Hubbard, be appointed, and they are hereby appointed, to 
make like provision for the said three companies, for two 
months after their embarkation, so far as they shall judge 
necessary, as has been made for the troops first raised, and 
also provide for their transportation to Cape Breton. And 
his Honour the Governor is desired to commissionate such 
officers as shall be appointed by this Assembly for the said 



1745.] OP CONNECTICUT. 149 

three companies, issue proclamations to incourage inlistments, 
and proper warrants to the captains to enable them to inlist 
the said volunteers: and, in case any officers appointed fail, 
his Honour the Governor, with the advice of the Committee 
of War at Milford, appoint and commission others in their 
places ; that the said companies being raised, his Honour the 
Governor is desired to give orders for their proceeding to New 
London and embarkation there, and from thence proceed to 
joyn the forces at Cape Breton, unless that before such em- 
barkation his Honour shall receive authentick accounts or 
intelligence by which it shall appear not necessary for the said 
forces to proceed, in which case he is desired to give orders 
for the disbanding them: provided nevertheless, that as it will 
not be safe for the said forces to sail without suitable convoy, 
his Honour the Governor is desired to endeavour to procure 
some of the vessels of force now in the said service to convoy 
them from New London to Cape Breton, and not to give orders 
for their proceeding till such convoy can be had. 

This Assembly do appoint Capt. Jedadiah Chapman, of Say- 
brook, to be Captain of one of the companies now to be raised 
to reinforce the troops sent to Cape Breton. 

[315] This Assembly do appoint Capt. Samuel Hickcox, of 
Waterbury, to be Captain of one of the companies now to be 
raised and sent to Cape Breton to reinforce the troops there. 

This Assembly do appoint Mr. Josiah Starr, of Danbury, to 
be Captain of one of the companies now to be raised and sent 
to Cape Breton to reinforce the troops there. 

This Assembly do appoint Mr. Phinehas Stanton to be Lieu- 
tenant of Captain Jedadiah Chapman's company now to be 
raised and sent to Cape Breton to reinforce the troops there. 

This Assembly do appoint Mr. Jonathan Clough, of Kil- 
lingly, to be Lieutenant of Capt. Samuel Hickcox's company 
now to be raised and sent to Cape Breton to reinforce our 
troops there. 

This Assembly do appoint Mr. Thomas Lattin, of Stratford, 
to be Lieutenant of Capt. Josiah Starr's company now to be 
raised and sent to Cape Breton to reinforce our troops there. 

This Assembly do appoint Mr. Abraham Pinney, of Syms- 
bury, to be Ensign of Capt. Jedadiah Chapman's^company 
now ordered to be raised and sent to Cape Breton to reinforce 
the troops there. 

This Assembly do appoint Mr. Thomas Hill, of Guilford, to 
be Ensign of Captain Samuel Hickcox's company now ordered 
to be raised and sent to Cape Breton to reinforce our troops 
there. 



150 PUBLIC RECORDS [Julj, 

This Assembly do appoint Mr. William King, of Stanford, 
to be ensign of Capt. Josiali Starr's company now ordered to 
be raised and sent to Cape Breton to reinforce our troops 
there. 

Resolved hy this Assembly, That Ebenezer Silliman, Jabez 
Hamlin, Gurdon Saltonstall, and John Hubbard, Esq's, com- 
missaries, be, and they are hereby, impowered and directed 
to procure and send to Cape Breton, for the use of the troops 
already gone from this government, such sorts and quantities 
of ammunition and provisions, as also of live stock, as they 
shall judge necessary, on the best information they can get, 
for the use and support of the said troops ; and also, from 
time to time, make such additional provisions and other neces- 
saries as they may be advised, either from the major general, 
colonel, or commissary, to be needed for the troops sent or to 
be sent from this government ; and also they are further or- 
dered and directed to provide such articles of cloathing, and 
in such quantity, as they .shall, on the best information they 
can obtain, judge to be necessary for the said troops, and send 
them to the commissary at Cape Breton, with an invoice 
thereof, to be disposed of among the officers and souldiers as 
the same may be wanted, who shall have them at the prime 
cost with the addition of two and half per centum, in part of 
their wages ; and the said commissaries are directed, when 
they ship any of the said articles, to order the delivery thereof 
to the commissary at Cape Breton for the use abovesaid, giv- 
ing him the proper directions respecting the use and disposi- 
tion thereof, and to take proper receipts at the shipping 
thereof. 

And it is further resolved, That the Committee of War at 
Hartford, or any three of them, be, and are hereby, impow- 
ered to draw orders on the Treasurer of the Colony for the 
payment of such sum or sums as they shall from time to time 
judge necessary for the commissaries to receive, in order for 
their doing the service above assigned them ; and the com- 
missaries are to lay their accounts before this Assembly in 
October next. 

Ordered hy this Assembly, That Messrs. Ebenezer Silliman, 
Jabez Hamlin, John Hubbard, and Gurdon Saltonstall, com- 
missaries appointed to provide provisions and other necessa- 
ries for the recruits now to be raised in the expedition against 
Cape Breton and the places adjacent, and also to provide 
anew for the forces already gone, be, and they are each of 
them, hereby impowered to impress for the service of this 
Colony anything that shall be needful for the purposes above- 



1745.] OP CONNECTICUT. 151 

said that cannot be otherwise procured upon just and reason- 
able terms. 

Resolved hy this Assembly, That the Committee of War at 
Hartford, or any three of them, shall receive, examine and 
adjust accounts with Ebenezer Silliman and Jabez Hamlin, 
Esqfs, commissaries appointed to provide provisions and other 
necessaries for the two companies of recruits already raised 
to reinforce the army at Cape Breton, and what they shall 
find due to the said commissaries upon such adjustment to 
draw an order on the Treasurer for the payment thereof. 

[3 1 6] An Act for the making- and emitting Bills of Publick Credit. 

Forasmuch as the expences of this government have been 
greatly enhanced by our necessary preparations for defence, 
<fec., since the war with France and Spain, and especially by 
our preparations in carrying on the expedition against his 
Majesty's enemies at Cape Breton and parts adjacent: 

Be it ejiacted hy the Governor, Council and Itepresentatives, 
in General Court assembled, and by the authority of the same, 
That there shall be forthwith struck, imprinted and stamped, 
a certain number of bills of credit on this Colony, in suitable 
sums from one shilling to three pounds, which in the whole 
shall amount to tlie sum of twenty thousand pounds new 
tenour, and no more ; and shall be stamped on the new plate; 
and that Nathaniel Stanly, William Pitkin, Esq^^ Mr. Joseph 
Buckingham, Colo. John Chester and Capt. George Wyllys, be 
a committee under oath for the faithful management of that 
affair, and any three of them to sign the said bills and to 
deliver them into the hands of the Treasurer of this Colony, 
taking his receipt for the same. 

And it is further enacted by the authority aforesaid. That 
the Treasurer be and is hereby impowered to issue forth and 
pay out the sum of twenty thousand pounds towards the pay- 
ment of the Colony debts, according to such orders as shall 
be given him from time to time according to law. And, as a 
fund and security for the repayment and drawing of the said 
bills into the treasury again, this Assembly grants a tax or 
rate of twenty thousand pounds new tenour, to be levyed on 
polls and all other rateable estate of this Colony, and to be 
paid into the treasury at equal payments, the first to be made 
in May, 1756, and the last in May, 1759, which said rate shall 
be paid in bills of credit on this Colony of the new tenour, or 
in silver money at the rate of eight shillings per ounce troy 
weight sterling alloy, or in gold equivalent ; and the Treas- 
urer of this Colony for the time being shall take notice thereof, 
and without further order from this Assembly shall issue his 
warrant for collectino; said tax. 



152 PUBLIC RECORDS [Julj, 

Whereas there are a number of French prisoners lately 
taken by our forces at Cape Breton, and by order of the lieu- 
tenant-general brought into this Colony, and are now in tht 
town of New Haven, under the care of Samuel Miles, captain 
of one of our transports ; and tiiere being no provision made 
in this Colony for the supporting, ordering and disposing of 
sucli persons : 

Resolved hy this Assembly^ That the said Samuel Miles be 
directed, and he is hereby directed, to commit all the said 
prisoners into the care of Joseph Whiting, Esq>", of said New 
Haven, wlio is hereby impowered to order such of said pris- 
oners to go out into service in this Colony, (as shall be desir- 
ous to be put to labour,) in such places and to such persons as 
he shall think proper : always provided, that in case he find 
any of said prisoners unwilling or unable, and not fit to go 
into service, he may commit such of them to the keeper of 
the common goal in New Haven aforesaid, who is hereby or- 
dered and directed to receive and keep such prisoners in said 
goal at tlie cost and charge of this government, till they shall 
be delivered by order of his Honour the Governour. 

And it is further provided, That in case any of said pris- 
oners, by order of said Wiiiting, sliall go out into service, the 
person appearing to take any of them shall become bound in 
a bond to the Governor and Company of this Colony, in such 
sura as the said Whiting shall think proper, conditioned that 
during the time of such prisoner's being in his service he will 
save tlie government from all cost and charge in maintaining 
such prisoner, and the prisoner or prisoners by him so taken 
shall be forthcoming to be exchanged or otherwise disposed 
according to such order as he shall receive for that purpose 
from his Honour the Governor of this Colony, unless such 
prisoner or prisoners shall make his or their escape, in which 
case such person shall forthwith inform the Governor thereof ; 
and the government to be at no cost or charge for taking 
bond, <fec., as aforesaid. 

[;317] And whereas it may so happen that hereafter 
French and Spanish prisoners may be brought into this 
Colony from Cape Breton and other places, and that they 
may be secured and properly disposed of: 

Be it enacted by the Crovernor, Council and Representatives, 
in General Court assembled, and by the authority of the same. 
That when and so often as any Fj'encli or Spanish prisoners 
shall be brought into any port or liarbour in this Colony, the 
master of the shij) or vessel in which such prisoners shall be 
brought shall forthwith inform the Governor of this Colony, 



1745.] OF CONNECTICUT. 153 

for the time being, thereof; and his Honour the Governor is 
hereby desired and fully impowered to make such orders as 
he shall think proper, either for confining such prisoners in 
goal or ordering them out into service in this Colony, as 
above provided. 

Whereas this Assembly, at their sessions in October last, 
ordered the sum of two hundred pounds to be drawn out of 
the publick treasury and put into the hands of Capt. John 
Hubbard and Samuel Mix, for repairing the president's house; 
and it being represented that the said sum is not sufficient for 
effecting the business aforesaid : Resolved by this Assembly, 
that the sum of one hundred pounds old tenour, in addition to 
the aforesaid sum, be drawn out of the treasury and put into 
the hands of said committee, to be improved as aforesaid ; 
and the committee shall lay their accounts before this Assem- 
bly at their sessions in October next. 

Whereas this Assemlily, in May last, appointed Messrs. 
Benjamin Hall, Elihu Chauncey and Jedadiah Chapman, a 
committee for viewing the town of Hebron, in order to its 
being divided into two societies or having a place affixed for 
the building a meeting-house for the whole, &c., and the said 
Jedadiah Chapman being now appointed a captain to go into 
the expedition against Cape Breton : This Assembly do now 
appoint Mr. Hezekiah Brainerd, of Haddam, to be one of the 
committee aforesaid, in the room of the said Jedadiah Chap- 
man. 

Whereas at an Assembly held in Hartford, May the 9th, 
1745, Colo. Benjamin Hall, Mr. John Southmaid and Capt. 
Samuel Hickcox were appointed a committee to repair to the 
parish of Roxberry in Woodberry and review the circum- 
stances of said parish and hear the pleas that may be offered 
with respect to stating a place for the building a meeting- 
house on, and to fix a place for said society to build a meet- 
ing-house in, and make report to the Assembly in October 
next, and said Capt. Samuel Hickcox being appointed captain 
of one of the companies to be raised to reinforce our troops 
at Cape Breton : This Assembly do appoint Mr. Thomas 
Mathews, of Waterbury, in the room of said Samuel Hickcox, 
to be joyned with said Benjamin Hall and John Southmaid 
for the purposes aforesaid. 

The whole Record of the Acts of this Assembly, as it 
stands here entered, was read off in the presence of the As- 
sembly and signed as compleat. 

George Wyllys, Secret'y. 

20 



154 PUBLIC RECORDS [AugUSt, 



[318] Anno Regni Regis Greorgii secundi decimo-nono. 

At a General Assembly holden at New Haven in his 
Majesty's English Colony of Connecticut in New Eng- 
land IN America, (by special order op his Honour the 
Governor,) on Friday the 16th day of August, an- 
noque Domini 1745. 

Present : 
The Honourable Jonathan Law, Esquire, Governor. 
Tlie Hont'ie Roger Wolcoti, Esqr, Deputy Governor. 

James Wadsworth, Esq^, William Pitkin, Esq"", ^ 

Nathaniel Stanly, Esq'', Thomas Fitch, Esq"", | . . 

Joseph Whiting, Esq>", Roger Newton, Esq"*, ^^ , f ~ 

Timothy Pierce, Esq"", Ebenezer Silliman,Esq'', 

Samuel Lynde, Esq"", ^ 

Representatives or Deputies that attended the Assembly are as 
foUoto, (viz :) 

Mr. Joseph Talcott, for Hartford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New 
London. 

Major Thomas Dyer, Mr. Ebenezer Wales, for Windham. 

Mr. William Marsh, Mr. Joseph Parkliirst, for Plainfield. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Colo. Jonathan Hoit, for Standford. 

Capt. James Case, for Symsbury. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey for Say- 
brook. 

Mr. Timothy Keeler, Mr. Joseph Halley, for Ridgfield. 

Capt. Nathaniel Foot, Mr. Epaphras Lord, for Colchester. 

Capt. Blnathan Stevens, Capt. Isaac Kelsey, for Killingsworth. 

Major Jabez Hamlin, Mr. Setli" Wetmore, for Midletown. 

Major Ebenezer Marsh, for Litchfield. 

Mr. Thomas Mathews, Mr. John Scofield, for Waterbury. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Capt. Samuel Burr, for Fairfield. 

Colo. Hez'i Huntington, for Norwich. 

Mr. Thomas Hart, Capt. Asahel Strong, for Farmingtown. 

Mr. John Dixson, for Voluntown. 

Mr. Paul Welch, Mr. Ebenezer Fisk, for New Milford. 

Capt. James Bebee, Mr. Thomas Benedict, for Danbury. 

Mr. Joseph Piatt, for Norwalk. 

Capt. Joseph Phelps, Mr. William Buel, for Hebron. 

Mr. Boaz Stearns, Mr. John Clough, for Killingly. 

Colo. Benjamin Hall, Mr. Isaac Moss, for Wallingfbrd. 



1745.] OF CONNECTICUT. 155 

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 
Capt. Nathaniel Harrison, Capt. Robert Foot, for Branford. 
Colo. Joseph Minor, Colo. William Preston, for Woodbury. 
Capt. Saml Bassett, Mr. Abel Gun, for Derby. 
[319] Colo. John Dyer, Mr. Solomon Tracy, for Canterbury. 
Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 
Mr. Robert Knowlton, Mr. William Watkins, for Ashford. 
Mr. Jonathan Robbins, for Weathersfield. 
Mr. John Griswould, for Lyme. 
Mr. Joseph W-ells, for Haddam. 

Capt. Ebenezer Mead, Capt. John Mead, for Greenwich. 
Mr. Noadiah Brainerd, for East Haddam. 
Major Elihu Chauncey, Mr. Nathan Camp, for Durham. 
Mr. William Wittar, for Preston. 
Mr. Ebenezer West, Capt. James Fitch, for Lebanon. 
Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor. 
Colo. Christopher Avery, for Groton. 
Capt. Theophilus Nickols, for Stratford. 
Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 
Colo. Samuel Hill, Speaker, ) of the House of Repre- 
Capt. John Fowler, Clerk, j sentatives. 

Whereas, since the reduction of the important town and 
fortresses of Louisbourg to his Majesties obedience, this 
Assembly hath received advice from the Honourable Lieu- 
tenant General Pepperrel, Major General Wolcott and Com- 
modore Warren, that it is necessary for this Colony, in con- 
junction with the neighbouring Provinces, to maintain a num- 
ber of troops in said town and fortresses, until his Majesties 
pleasure be known : 

Resolved by this Assembly, That Major General Wolcott's 
regiment, now under the command of Colo. Andrew Burr, to 
consist of three hundred and fifty men, including officers, 
from this colony, and exclusive of such as are or may be 
joyned to them from any of the neighbouring governments, 
shall be maintained in the town or fortresses of L juisbourg 
until the first day of June next, unless his Majesties pleasure 
be known so that they may be sooner drawn of( ; and the 
five hundred volunteers that imbarked with the major general 
on the setting forth the late expedition (and belonging to 
his regiment) shall be forthwith discharged from tlie service, 
and transported to this Colony. And iu case Captain Adoni- 
jah Fitch and Captaiu Samuel Chapman's companies are not 
together full two hundred men, including;;; officers, then the 
commanding officer of said regiment shall cause said compa- 
nies to be filled up with volunteers, and the officers and 
souldiers shall have two months advance wages paid them by 



156 PUBLIC RECORDS [Allgust, 

the commissary at Louisboiirg, at or before the first day of 
October next. And for the encouragement of one hundred 
and fifty volunteers, able-bodied and effective men, forthwith 
to be raised to compleat said regiment for garrisoning the 
town and fortresses of Louisbourg, as aforesaid, the officers 
and souldiers enlisting shall be allowed tlie same wages by 
the month as those now in the service of this Colony on said 
expedition, and shall have two months wages advanced, the 
first months wages to be paid at inlisting, and the second 
before embarkation, and likewise such volunteers shall be 
exempted from arrests and impresses, as the souldiers are 
that were heretofore inlisted in said service ; and all such 
volunteers that find their own arms shall have reasonable 
allowance, upon apprisement, by persons under oath, for all 
damage that shall happen to such arms, and if such arms 
are lost by inevitable providence they shall be paid for out 
of the publick treasury ; and if any person shall inlist as 
aforesaid and not provide himself arms, such person siiall 
have arms provided for him in the manner those volunteers 
heretofore had. And if any arms provided by the govern- 
[320] ment shall be lost \\ through the default of the person 
to whom they are delivered, such person shall have the value 
thereof deducted out of his wages. And the whole regiment 
shall be discharged from said service on or before the 1st day 
of June next, and be transported again to this Colony. 

It is further resolved, That in case all the field officers 
choose to be dismissed forthwith, that then a colonel and 
lieutenant-colonel of said regiment be appointed by this 
Assembly, and that the government of Rhode Island have the 
offer of filling up the regiment with a major, provided they 
shall continue to maintain not less than one hundred and 
fifty men in the regiment: but if only one or two of said 
field officers choose to return, in such case his Honour the 
Governor is desired and impowered to fill up said vacancies, 
as also any other vacancies of commission officers. 

Whereas this Assembly hath already concluded to send a 
considerable number of men to garrison the town and for- 
tresses at Louisbourg ; and whereas there has been a consider- 
able donation in provision for the support of men in his 
majesty's service at said place l)y several of the western gov- 
ernments, whereby it is reasonably supposed that the souldiers 
raised in and sent from this government are well entituled to 
their proportionabL part thereof: 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same. 
That his Honour the Governor be desired to write to the 



1745.] OF CONNECTICUT. 157 

commander in chief in Boston, and inform him that we have 
ordered the number of three hundred and fitV able-bodied 
effective men, to remain in garrison at Louisbourg ; and also 
inform him that it is the expectation of this government that 
those troops raised in and sent from this Colony be supported 
in garrison out of the provisions raised by the western gov- 
ernments for his Majesty's service at Louisbourg, so far as 
our proportion of men comes to. 

A)id be it further enacted. That the souldiers that shall 
garrison at Louisbourg shall be allowed one gill of rum per 
diem per man, which shall be accordingly delivered to them, 
and there shall be provided a sufficient stock of molasses to 
make beer of, as well as for other uses, for the souldiers 
there. 

And it is further enacted, That Ebenezer Silliman, John 
Hubbard, Gurdou Saltonstall and Jabez Hamlin, Esq'^, be 
appointed Commissaries to provide the articles abovemen- 
tioned for the souldiers ; and they are hereby further directed 
to make such other provision for the subsistence of said 
souldiers as they from time to time shall be advised by his 
Honour the Governor, and also to provide such a stock of 
arms and ammunition for the souldiers as they on good ad- 
vice shall find necessary, and provide for the transportation 
of the men to be sent to Louisbourg. And Doctor Normand 
Morison is desired to continue in his office of physician and 
chirurgeon for our forces during their stay in garrison at 
Louisbourg, and he is directed to take into his care and 
keeping the chest of drugs and the doctor's instruments that 
are now at Louisbourg. 

And it is further enacted, That his Honour the Governor be 
desired to give order that the Colony sloop Defence, and the 
three transport vessels there in the pay of this Colony, be 
ordered forthwith to return to this Colony, and the sloop 
Defence to take under her convoy those troops belonging to 
this Colony that are ordered to return home. 

Resolved by this Assembly, That the Hon^^'e Roger Wolcott, 
Esq^, Thomas Fitch, Esq""., Messrs. Ebenezer West, Robert 
Treat, Elihu Chauncey, John Hubbard and Jabez Hamlin, 
be a committee to draw a representation of what this gov- 
ernment has done in the expedition to Cape Breton and in 
the reduction of Louisbourg to his Majesties obedience, and 
of what is now further resolved to be done for the maintain- 
ing the same, and to draw an address to his Majesty, humbly 
requesting his gracious consideration of the officers and 
souldiers that have served in the said expedition, and for 



158 PUBLIC RECORDS [AugUSt, 

the repayment of the great expence this Colony has been at 
in carrying on the said afifair, and lay the same before tliis 
Assembly. 

[321j Whereas the committee appointed to draw a repre- 
sentation of what this government has done in the expedition 
to Cape Breton, and has now further resolved to do for the 
maintaining the city and fortresses of Loiiisbourg, reduced to 
his Majesty's obedience, together with a congratulatory ad- 
dress and humble request for relief under the heavy burden 
occasioned to this Colony, and for his Majesty's favourable 
regards to the officers and souldiers that served in the said 
expedition, have prepared and drawn a representation, address 
and humble request accordingly, and now laid the same before 
this Court, which being read is approved of: And thereupon it 
is resolved, that the same be signed by the Governor and Sec- 
retary, in behalf of the Governor and Company of this Colony, 
and sent to his Majesty from this Colony; and that his Honour 
the Governour is desired to send the same with a letter to his 
Grace the Duke of Newcastle, requesting his good offices in 
forwarding and rendering the said representation, address and 
Immble request, acceptable to his Majesty ; which draft is in 
the following words, (yiz:^ 

To the King's Most Excellent Majesty : 
May it please your Majesty, 

Your dutiful and loyal subjects, the Governor and Company 
of your English Colony of Connecticut in New England, most 
humbly beg leave to represent, that the Provinces of the Mas- 
sachusets Bay and New Hampshire (many of whose inhabit- 
ants formerly used the fishing trade, being since the French 
war greatly injured in that business, and particularly by the 
French at Cape Breton,) proposed an expedition against your 
Majesty's enemies on Cape Breton and parts adjacent, for the 
reduction of the same to your Majesty's obedience; and there- 
upon your Majesty's Province of tlie Massachusetts Bay invited 
this and the more western Colony or Colonies, together with 
the Colony of Rhoad Island, to joyn therein ; whereupon this 
your Majesty's Colony of Connecticut, though as little inter- 
ested in this affair as perhaps any of the more western planta- 
tions who sent no men into the expedition, this Colony not hav- 
ing for many years past so much as one vessel imployed in the 
fishery there, yet greatly resenting the treatment of your Maj- 
esty's subjects at Canso, met with from the French the last 
year, the attempts made upon Annapolis Royal, the threat- 
niiigs given out of further attacks thereon the present year, 
and the preparations we were informed were making for that 



1745.] OF CONNECTICUT. 159 

purpose ; apprehensive also of what great advantage it might 
be to the British crown and to your Majesty's Provinces and 
Colonies in North America in general, and for the protection 
and defence of Nova Scotia in particular, to subdue your Maj- 
esty's enemies annoying those parts ; esteeming it also a sin- 
gular pleasure to serve your Majesty's interest and promote 
the common good and safety of your subjects in such an im- 
portant point: 

Wo, your Majesty's loyal and dutiful subjects, with great 
cheerfulness, undertook and joyned with the neighbouring 
Colonies in the proposed expedition, and carried on the same 
with utmost dispatch, in whicli this Colony was second to none 
but the Province of the Massaclmsets Bay, to whose wealth, 
trade, numbers, and extent, this small Colony bears but a very 
small proportion. For, may it please your Majesty, this Col- 
ony, small in extent and trade, poor in estate, having little or 
no advantage to raise money but by taxes on the people, raised 
at the first five hundred volunteers, effective men for the land 
service, and one hundred for the sea, on board the Colony 
guard sloop, (which was the only vessel of force the Colony 
had,) equipped, victualled, transported and maintained the 
[322] same in your Majesty's service || in this important expe- 
dition ; which forces, in conjunction with upwards of three 
thousand land forces from the Provinces of the Massachusetts 
Bay and New Hampshire, one sloop with about ninety men 
from Rlioad Island, together with a squadron of your Majes- 
ties ships of war, under the command of the Honourable Peter 
Warren, Esq'', Commodore of the same, with a number of 
smaller vessels of force from the Massachusetts, on the 16th 
day of June last, after forty-nine days close seige, compelled 
the enemy upon a capitulation to surrender; the terms whereof 
we conclude your Majesty is informed; and accordingly the 
city and fortresses of Louisbourg, with the territories thereon 
dependent, were surrendered and delivered up to your Maj- 
esty, with all their artillery and warlike stores, for the use and 
defence of the same. 

But, before this happy conquest, this Colony, further moved 
by its former principles, raised, provided for and sent into the 
same service, two hundred able, effective volunteers more, 
besides officers, who arrived there soon after the surrendry of 
the place; and again, before we had news of the surrendry, 
this Colony, under all the heavy burdens it then laboured, lest 
for want of more force an expedition of such great importance 
should happen to fail, further resolved, and gave out commis- 
sions for the raising three hundred volunteers more, for aug- 
mentation of the former troops raised for this service, which 



160 PUBLIC RECORDS [AugUSt, 

last (the agreeable news of the surrendry of the place coming 
soon after the commissions were out,) did not inlist. And, to 
the end this great and important acquisition may be main- 
tained, this Colony, humbly depending on your Majesty's royal 
goodness, liave now resolved to raise and support, for the keep- 
ing your Majesty's garrison thus lately acquired, the number 
of three hundred and fifty men, until the first of June next, 
unless your Majesty's royal pleasure be sooner known. 

Whereupon we most humbly beg leave to observe, that this 
Colony, in raising the several volunteers before mentioned, 
judged it necessary to give greater encouragements to the 
people (whose interest in the consequences of this expedition 
was not so immediately affected) to inlist into this service, 
than the other governments, more immediately interested 
therein, had occasion to give, and tliat by this great and ex- 
pensive undertaking we have expended about , 
wliich, in addition to the expence occasioned in the year 1740, 
by the war with Spain, and to a very considerable expence tliis 
Colony is at in assisting the Massachusets in defending their 
frontiers, has run this Colony extreamly into debt, and reduced 
it to a very low ebb. 

Most Gracious Sovereign: Having given your Majesty a 
sliort and very general account of our proceedings and the 
happy success attending this expedition, and having this great 
occasion of rejoicing, we most humbly beg leave to congratu- 
late your Majesty on the most agreeable news of this enlarge- 
ment of your dominions by the reduction of this so important 
city and fortresses of Louisbourg on Cape Breton with the 
territories thereon depending to your Majesty's obedience, that 
your Majesty is now possessed of a strong-hold, (once your 
enemies,) which seems to be the Key of North America, the 
building of which cost the French King an immense sum : that, 
by means of this success, a powerful siege, which has this year 
been laid against Annapolis Royal, has, as we are informed, 
been raised ; and that, by means thereof, as we have great 
reason to hope, your Majesty's Province of Nova Scotia, and 
other neighbouring Provinces, will for the future be in great 
measure freed from the annoyance of the French and their 
barbarous allies, formerly so very troublesome in tiiose parts. 

[323] Will your Majesty be pleased, therefore, to suffer this 
small Colony, labouring under poverty and deeply in debt, to 
hope for, and most humbly to request, your royal favour and 
bounty towards us, in granting us relief under the heavy 
charge which we liave expended in exerting ourselves in this 
important service, wherein we conceive we have, all circum- 
stances considered, done more than our proportion with our 



1745.] OF CONNECTICUT. 161 

neighbours. And we beg leave humbly to assure your Majesty, 
that we shall with all thankfulness accept and acknowledge 
any favour your Majesty in your great goodness shall think 
proper to manifest. 

Will your Majesty be pleased further to permit us humbly 
to recommend to your royal consideration and favour the offi- 
cers and souldiers who have voluntarily served their King in 
this expedition, going through incredible labours and fatigues 
in erecting Ijatteries, (one of which they advanced within 
about two hundred yards of the city walls,) drawing guns, 
(some forty-two pounders,) firing nine or ten thousand great 
shot and shells, and small shot without number, and in receiv- 
ing the enemies shot near equal ; in all which the officers and 
souldiers from Connecticut (whose loyalty and resolution is 
inferior to none) bare their full share : notwithstanding all 
which, these officers and souldiers (who would have been en- 
tituled to the plunder, if taken,) received no benefit thereof, 
the same by capitulation being given up, and the city and forts 
with their artillery saved and surrendered to your Majesty: 
whereas the officers and souldiers at sea, both before and since 
the surrendry, have had great and valuable prizes fallen into 
their hands, even within sight of the city walls, particularly, 
since the surrendry, two French East India ships richly laden, 
and one South Sea ship, which we have advice had on board 
four hundred thousand pounds sterling in money, besides a 
valual)le cargo in goods, and it is supposed that the captures 
there amount to a million sterling, or more, which it is proba- 
ble would never have fallen into the hands of your Majesty's 
subjects if this expedition had not been undertaken. 

We have presumed to send your Majesty a roll of the officers 
from Connecticut, and most humbly pray your Majesty's most 
gracious acceptance, audience and favour. 

May your reign be long and prosperous, your arms victori- 
ous, the acquisitions obtained to your dominions continued, 
and we admitted the pleasure and satisfaction to account and 
subscribe ourselves, as we really and sincerely are. 

May it please your Majesty, 

Your Majesty's most loyal, dutiful and obedient subjects. 
The Governor and Company of your English Colony of 
Connecticut in New England in America. 

Jonath"^ Law, Gov. 
By order of the Governor and Company aforesaid, 

assembled in General Court. 

George Wyllys, Secret'y. 

Resolved hy this Assembly, That the commissaries appoint- 
21 



162 PUBLIC RECORDS [AugUSt, 

ed by this Assembly for procuring provisions and other neces- 
saries for the recruits now to be raised and those ah-eady at 
Louisbourg be, and they are each of them, hereby impowered 
to impress anything that shall be needful for the purposes 
abovesaid, that cannot be otherwise procured upon just and 
reasonable terms. 

[324] Resolved by this Assembli/, That the field officers 
appointed for garrisoning of Louisbourg be also commission- 
ated to be captains of a company, and that all the field officers 
draw pay for their commissions as sucli only. 

Resolved by this Assembly, That the Reverend Mr. Elisha 
Williams be desired to continue in his office of chaplain to our 
forces at Louisbourg during their continuance there in garri- 
son, and that his allowance be the same as at first was made. 

It is further resolved, That Mr. Jeremiah Miller, commissary 
for our troops at Louisbourg, be desired to continue in his 
office of commissary there during the stay of our troops there, 
and his allowance therefor be the same as at first made. 

Ordered by this Assembly, That the Treasurer of this Colony 
pay out of the publick treasury to Capt. Lamberton Cooper, 
of Midletown, ninety pounds in old tenour bills, for the trans- 
portation of forty-five of our souldiers and officers from Louis- 
l)ourg by agreement of Colo. Burr, taking receipt of said 
Cooper. 

Whereas this Assembly, in their special sessions at New 
Haven in July last, ordered a certain sum in bills of credit to 
be struck off the new plates, and being now informed that 
the great plate is unfit for use, leaving a very defective im- 
pression : It is resolved , that the said great plate be engraven over 
again, (with some proper additional marks of distinction,) 
before the bills be struck off"; and the committee appointed 
to sign the said bills are hereby directed, as soon as may be, 
to procure a skilful artist to engrave the plate accordingly. 

This Assembly do appoint Nathaniel Stanly, Esq"", Mr. 
Joseph Talcott and Mr. Jonatlian Robbins, a committee to at- 
tend at the Court House in Hartford upon the 26th day of Au- 
gust instant, to hear the record of the acts and orders passed at 
this Assembly read off", and see them signed by the Secretary 
as compleat. 

Upon the 26th day of August, A. D. 1745, at the Court 
House in Hartford, the record of thesession acts ororders of this 
Assembly, as it stands entered on the pages of this book, next 
preceding, was read off" in the presence of the committee 
abovenamed, and signed as compleat. 

George Wyllys, Secret'y. 



1745.] OP CONNECTICUT. 163 



[325] An7io Regni Regis G-eorgii secundi decimo-nono. 

At a General Assembly holden at New Haven in his 
Majesties English Colony of Connecticut in New Eng- 
land IN America, on the second Thursday of October, 
(being the 10th day of said month,) and continued by 
several adjournments until the 25th day of the same 
month, annoque domini 1745. 

Present : 
The Honourable Jonathan Law, Esqf, Governor. 
The Honi^ie Roger Wolcott, Esqr, Deputy Governor. 

James Wads worth, ^ Thomas Fitch, "^ 

Joseph Whiting, | Roger Newton, | j^^^^^^ 

Timothy Pierce, )>Esq'-s.Ebenez'-. Silliman, VEsqf^ ^^^^ 

Samuel Lynde,' I Jonath". Trumble, 

William Pitkin, J John Bulkley, 

Representatives or Deputies that attended at the Assembly 
are as follow, (viz :) 

Mr. Joseph Buckingham, Capt. James Church, for Hartford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Chapman, for New 
London. 

Colo. Jabez Huntington, Mr. Jonath. Huntington, for Wind- 
ham. 

Mr. Michael Humphrey, Mr. Joseph Wilcoxson, for Symsbury. 

Mr. John Hall, Mr. Isaac Moss, for Wallingford. 

Colo. Jonathan Hoit, Mr. Jonathan Bates, for Stanford. 

Capt. Asahel Strong, Mr. Timothy Porter, for Farmingtown. 

Mr. Robert Knowlton, Mr. James Bicknal, for Ashford. 

Capt. Joseph Phelps, Mr. William Buel, for Hebron. 

Mr. David Noble, Mr. Paul Welch, for New Milford. 

Capt. Israel Knapp, Mr. David Lockwood, for Greenwich. 

Mr. Samuel Morgan, Mr. Nathan' Brown, for Preston. 

Capt. John Russell, Capt. Robert Foot, for Brandford. 

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon. 

Mr. Stephen Horsmer, for East Haddam. • 

Capt. John Hubbard, Mr. John Hitchcock, for New Haven. 

Colo. Andrew Burr, Capt. John Read, for Fairfield. 

Colo. Hezh Huntington, Mr. Ebenezer Backus, I'ur Norwich. 

Capt. John Fowler, Mr. Robert Treat, for Milfoid. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Mr. John Dixson, Mr. Thos. Kesson, for Yoluntown. 

Capt. James Beebe, Mr. Thos. Benedict, for Danbury. 

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk. 

Colo. Thomas Wells, Capt. Jonathan Hale, for (llassenbury. 

Capt. Joseph Bird, Capt. Edward Phelps, for Litchfield. 



164 PUBLIC RECORDS [October, 

Mr. Thos. Mathews, for Watcrbury. 
Colo. John Dyar, Mr. Stephen Frost, for Canterbury. 
Capt. Charles Bulkley, Capt. Timothy Wright, for Colchester. 
Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 
Mr. John Crary, Mr. William Marsh, for Plainfield. 
[326] Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 
Mr. Ebenezer Bateman, Major Hez'' Sabin, for Killingly. 
Major Elihu Chauncey. Mr. Nathan Camp, for Durbam. 
Colo. John Chester, Mr. Jonath" Robbins, for Weathersfield. 
Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 
Colo. Christopher Avery, Mr. John Ledyard, for Groton. 
Mr. Joseph Denison, Mr. Rufus Minor, for Stoningtown. 
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield. 
Mr. Hez'i Brainerd, for Haddam. 
Capt. Samuel Bassett, Mr. Abel Gun, for Derby. 
Major Daniel Ely, Mr. John Griswould, for Lyme. 
Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 
Capt. Roger Wolcott, Mr. Daniel Bissell, for Windsor. 
Capt. Theophilus Nickols, Mr. Robert Walker, for Stratford. 
Capt. Elnathan Stephens, Mr. Jonath" Lane, for Killings- 
worth. 
Capt. Noah Sabin, Mr. Ebenezer Holbrook, for Pomfrett. 

Colo. Andrew Burr, Speaker, ) of the House of Repre- 
Capt. John Fowler, Clerk, j sentatives. 

Resolved hy this Assembly, That the commissaries appointed 
to make provision for the troops at Lcuisbourg, &c., be order- 
ed, and tliey are hereby ordered, to make sufficient provision 
for victualling, bedding and cloathing the three hundred and 
fifty men appointed to, garrison the city, &c. of Louisbourg, 
until the first of July next; the cloathing to be deducted 
out of the souldiers' wages, as by act of Assembly is already 
provided. 

Ordered hy this Assembly, That theTreasurer of -this Colony 
pay out of the publick treasury unto Lieut. William Smithson, 
of Durham, the sum of twelve pounds fifteen shillings old 
tenour, for so much expended by him of his own moneys in 
inlisting seventy-four souldiers for garrisonhig the town and 
fortresses of Louisbourg. 

This Assembly do establish and confirm Mr. Zebulon Webb 
to be Lieutenant of the second company or trainband in the 
town of Windham, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Jonathan Rudd 
to be Ensign of the second company or trainband in the 



1745.] OP CONNECTICUT. 165 

town of Windham, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Benjamin 
Wheeler to be Ensign of the second company or trainband in 
the town of Plainfield, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Eliphalet Dyer 
to be Captain of the Troop in the 5th regiment in this Colony, 
and order that he.be commissioned accordingly. 

This Assembly do establish and confirm Mr. Clement Minor 
to be Captain of the 2d company or trainband in the town of 
Lyme, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Beck- 
with to be Lientenant of the 2d company or trainband in 
the town of Lyme, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Thomas Way 
to be Ensign of the 2d company or trainband in the town of 
Lyme, and order that he be commissioned accordingly. 

[327] This Assembly do establish and confirm Mr. David 
Lamb to be Ensign of the 2d company or trainband in the 
town of Stoningtown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Moses Tyler 
to be Ensign of the third company or trainband in the town 
of Preston, and order that he be commissioned accordingly. 
• This Assembly do appoint, establish and confirm, Mr. 
Isaac Hide to be Lieutenant of the 2d company or trainband 
in the town of Canterbury, and' erder that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Phinehas 
Brown to be Ensign of the 2d company or trainband in the 
town of Canterbury, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Berry to be Lieutenant of the company or trainband in the 
town of Kent, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Ran- 
some to be Ensign of the company or trainband in the 
town of Kent, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathan Smith 



166 PUBLIC RECORDS [October, 

to be Captain of the 3d company or trainband in the town 
of Groton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Bur- 
roughs, jun"", to be Ensign of the 3d company or trainband in 
the town of Groton, and order that he be commissioned ac- 
cordingly. 

Resolved hy this Assembly, That there shall be paid to any 
person that already hath or shall hereafter serve in the place 
of sergeant-major in the regiment sent from this Colony to 
Cape Breton the sum of fifteen pounds, old tenour, per month, 
for each kalendar month, during the time our troops shall be 
improved there. 

Resolved, hy this Assembly, That Jeremiah Miller and John 
Richards, Esq'"^, and Mr. Jeremiah Chapman, jun^, or any 
two of them, are appointed a committee to enquire of all ves- 
sels that shall arrive in the harbour of New London from Cape 
Breton, or elsewhere, for any sick or wounded men in this 
Colony's service that may stand in need of being landed and 
provided for on shoar, and to impress (if need be) such houses, 
tenders, and all things necessary for the comfortable support 
and recovery of such sick or wounded • persons, until they 
shall be able to travel to their respective homes, and to lay 
the accounts of the charges arising thereby before the com- 
mittee appointed by this Assembly to adjust and settle accounts 
relating to the charge and expence of the present war, in 
order for their examination and allowance ; who are hereby 
ordered and impowered to draw orders on the Treasurer of 
the Colony for the payment of such accounts by them allowed ; 
and the Treasurer is ordered to pay the same accordingly. 
And further, the said Treasurer is hereby ordered to deliver 
into the hands of said committee the sum of two hundred 
pounds, old tenour, who are hereby ordered to deliver and 
pay out of the same to each souldier that shall arrive from 
Cape Breton, so much as they shall judge may be sufficient to 
defray their charges to their respective homes, having regard 
to the distance of the way and ability of the souldiersto travel, 
and to render the abovesaid committee an account of their 
disbursements of the said two hundred pounds. 

Upon the memorial of Nathaniel Barnes and Abigail his 
wife, administrators (the said Nathaniel in right of his said 
wife) of the estate of John Howell, late of New Haven, de- 
ceased, representing that the debts due from said estate exceed 
the sum of the moveables of said estate the sum of <£38 lis. 
Id., and moving for liberty from this Assembly to sell so much 
of the real estate of said deceased as shall enable them to pay 



1745.] OP CONNECTICUT. 167 

« 

said debts, together with contingent charges, by the advice 
and at the direction of the judge of the court of pi'obates for 
the district of New Haven : This Assemlily grants liberty to 
the said administrators, by the advice and at the direction of 
the said judge of probates, to sell so much of the real estate 
of said deceased as shall enable them to pay said sum of X38 
lis. Id., together with the charges arising on such sale. 

[328] Upon the memorial of Henry Taylor, of Mansfield, 
in the county of Windham, administrator on the estate of 
James Taylor, late of Killingly in said county, deceased, 
shewing to this Assembly that the said James Taylor dyed in 
debt the sum of £51 18s. 2d., more tlian his moveable estate 
will pay ; praying tliis Assembly that he, the said Henry, or 
some other meet person, may be impowered to sell so much 
of the lands of the said deceased as will be sufficient to pay 
the said £51 18s. 2d., with the charges arising thereupon: It 
is now resolved by this Assembly, that the said Henry Taylor 
be, and he is hereby, impowered to sell so much of the lands 
of the said James Taylor, deceased, as may be sufficient to 
pay the said £51 18s. 2d. and charges, it being according to 
old tenour ; he taking the directions of the court of probates 
in the county of Windham. 

An Act for levying' a Tax on Polls, &c. 

This Assembly grants a rate of one penny half-penny on 
the pound, in bills of credit of this Colony of the new tenour, 
on all the polls and otlier rateable estate in this government, 
to be paid in bills of credit of this Colony of the new tenour, 
as aforesaid, or in bills of credit of this Colony of the old 
tenour, at the proportion of three shillings and sixpence old 
tenour for one shilling of the new, and so proportionably, 
with the usual advance of one shilling on the pound ; or in 
good silver at eight shillings per ounce troy weight sterling 
alloy, or in gold equivalent thereto. 

This Assembly do establish and confirm Mr. Jonathan Lane 
to be Captain of the 7tli company or trainband in the seventh 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Elnathan Street 
to be Captain of the first company or trainband in the town 
of Wallingford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Samuel Peck 
to be Lieutenant of the first company or trainband in the town 
of Wallingford, and order that he be commissioned accord- 
ingly. 



168 PUBLIC RECORDS [October, 

This Assembly do establish and confirm Mr. Bphraira Pres- 
ton to be Ensign of the first company or trainband in the 
town of Wallingford, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Joseph Sand- 
ford to be Lieutenant of the company or trainband at the 
parish of Reading, and order that he be commissioned accord- 
ingly- 

This Assembly do estaljlish and confirm Mr. John Sher- 
wood to be Lieutenant of the company or trainband at the 
parish of Stratfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Hezekiah Odel 
to be Ensign of the company or trainband at the parish of 
Stratfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Caleb Hulls 
to 1)0 Ensign of the north company or trainband in the parish 
of New Cheshire in Wallingford, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Eleazer War- 
ren to be Ensign of the first company or trainband in the town 
of KilHngly, and order that he be commissioned accordingly. 

The Gentlemen nominated by the Votes of the Fz'eemen of this Colony to 
stand for Election in May next are as follow, viz : 

The Honourable Jonathan Law, Esq^. 
The 5onbie Roger Wolcott, Esq"-. 

James Wadsworth, Esq^. Ebenezer Silliman, Esq^. 

Nathaniel Stanly, Esqf. Jonathan Trumble, Esq^ 

Joseph Whiting, Esq^ John Bulkley, Esq^. 

Ozias Pitkin, Esq^. Hez^ Huntington, Esq"". 

Timothy Pierce, Esq"". Colo. Andrew Burr. 

Samuel Lynde, Esq^. Colo. John Chester. 

William Pitkin, Esq^. Mr. John Griswould. 

Thomas Fitch, Esq^, Mr. Elisha Williams. 

Roger Newton, Esq'". Colo. Benja. Hall. 

[329] This Assembly do establish and confirm Mr. Samuel 
Bebee to be Captain of the company or trainband in the town 
of Salisbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Hutchin- 
son to be Lieutenant of the company or trainband in the town 
of Salisbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Bel- 
lows to be Ensign of the company or trainband in the town of 
Salisbury, and order that he be commissioned accordingly. 



1745.] OF CONNECTICUT. 169 

On the memorial of the inhabitants of the parish of North- 
berry in Waterhury, sliewing that the circumstances of said 
parish were of late altered, and that the middle stake set up 
l3y the committee appointed to affix a place whereon to build 
a meeting-house would now best accommodate the present in-- 
habitants, and they were unanimous in said middle stake for 
a meeting-house place; also praying for a land tax, exclusive 
of the land belonging to those who have professed for the 
church of England, as per their memorial on file, 

Resolved hy this Assembly^ That the middle stake erected 
by said committee, standnig hy the path leading from Deacon 
Blacksley's to Isaac Castle's dwelling-house, about twenty 
rods eastward from the brook that runs from the north end 
of the hill called the One Pine, toward the river, shall be and 
hereby is established to be the place whereon to build a meet' 
ing-house in said parish ; and that all the unimproved lands 
in the limits of said parish, exclusive of those lands belong- 
ing to such persons in snid parish as have professed for the 
church of England, shall and hereby is taxed at the rate of 
sixpence old tenour currency per acre yearly, for the space of 
four years next coming, to be paid by the owners of such lands 
and to be improved for the building said meeting-house and 
for the support of their minister. 

Upon the memorial of Mary Ailing, of New Haven in New 
Haven county, widow of Ebenezer Ailing, late of said New 
Haven, deceased, and administratrix on the estate of said 
deceased, representing to this Assembly that the debts due 
from said estate surmount the moveables the sum of £53 10s. 
4tZ., praying this Assembly to grant liberty to sell so much of 
the real estate of said deceased as is necessary to pay said 
sum and the charges arising on such sale, and to appoint some 
meet person to do the same : It is resolved by this Assembly, 
that Caleb Ailing, of said New Haven, be impowered, and he 
is hereby impowered, to sell so much of the land of the said 
deceased as is necessary for the purposes aforesaid, taking the 
direction of the judge of the probate in the district of New 
Haven therein. 

Upon the memorial of Elizabeth Bristol, of New Haven in 
New Haven county, widow of Daniel Bristol, late of said New 
Haven, deceased, and administratrix on the estate of said 
deceased, representing to this Assembly that the debts due 
from the estate of said deceased surmount the moveables the 
sum of £105 lis. Id., praying this Assembly to grant liberty 
to sell so much of the real estate of the said deceased as is 
necessary to pay said debts and the charges arising on such 
22 



170 PUBLIC RECORDS [October, 

sale, and to appoint some meet person to do the same : It is 
resolved by this Assembly, that Josiah Piatt, of said New- 
Haven, be impowered to sell so much of the land of the said 
deceased as is necessary for the purposes aforesaid, taking the 
direction of the court of probate in the district of New Haven 
therein. 

Resolved ly this Assembly, That the Treasurer of this Colony 
be directed to attend on this Assembly, prepared with money 
to pay the charges thereof, on Wednesday the twenty-third 
instant. 

This Assembly appoints Thomas Chipman, of Salisbury, 
Justice of the Peace for the county of New Haven till June 
next. 

[330] This Assembly do establish and confirm Mr. Ebenezer 
Lothrop to be Captain of the first company or trainband in 
the town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jabez Hunting- 
ton to be Lieutenant of the 1^* company or trainband in the 
town of Norwich, and order that he be commissioned accord- 
ingly. 

Upon the memorial of Daniel Nickols, of Danbury, eldest 
son of Josiah Nickols late of Danbury, deceased, representing 
to this Assembly that the deceased Daniel Nickols mortgaged 
certain lands to the Governour and Company in security of 
one hundred pounds money, and died before the said mort- 
gage was cleared, and his children and heirs being in their 
minority ; praying this Assembly to suspend prosecution upon 
said mortgage, for reasons in said memorial alledged, as on 
file : This Assembly do enact, decree and order, that the pros- 
ecution of said mortgage be suspended until May, A. D. 1747, 
and that Mr. Robert Walker, of Stratford, agent for the Gov- 
ernour and Company in taking care of and prosecuting the 
mortgages in the county of Fairfield, do take notice hereof 
and suspend prosecution of said mortgage accordingly. 

An Act for preventing' Trespass in gathering and destroying Bayberries 
and effectually detecting Trespasses about the Same. 
Be it enacted by the Governour, Council and Representatives, 
in G-eneral Court assembled, and by the authority of the same, 
That no person or persons do or shall gather, destroy, or carry 
away, any bayberries standing or growing on the land of any 
other person or persons, without leave or lycence of the owner 
or owners of such lands whereon such bayberries were stand- 
ing or growing ; on pain that every such person gathering, 
destroying, or carrying away the same, or that shall be aiding 



1745.] OP CONNECTICUT. 171 

or assisting therein, shall forfeit and pay to the party injured 
or trespassed upon three times the value of the bayberries so 
gathered, destroyed or carried away, and also the sum of forty 
shillings for every bushel so gathered, besides three times the 
value as aforesaid, and so after that rate for a greater or lesser 
quantity ; which several penalties, forfeitures and damages, 
shall and may be recovered by action, bill, plaint or informa- 
tion. 

And, forasmuch as it is very hard and difficult to detect or 
convict any trespasser against this act in the ordinary method 
or course of the law, by reason the trespasses are generally 
committed where positive evidence can scarcely ever be had : 

Be it enacted hy the authority aforesaid, and.it is hereby 
enacted, That whensoever any action is brought for recover- 
ing any of the damages and forfeitures as aforesaid, the 
same rules and methods of tryal and assessing damages may 
and shall be observed as are provided in a certain statute 
made and enacted in the tliirteenth year of the reign of 
King George the first, entituled An Act for the more effectual 
detecting and punishing trespass;* reference thereunto 
being had. 

Resolved by this Assembly, That the Committee of War at 
Hartford be directed, and they are hereby directed, to make 
proper enquiry into the state of the western frontiers of 
the Province of the Massacliusets Bay, and of the approach 
of the enemy there, and send such number of forces, as they 
shall think proper, according to the powers and authorities 
heretofore given them by act of this Assembly ; and that 
they use as much dispatch therein as may be, and give such 
directions to the forces sent as they shall judge neces- 
[331] sary ; || and that his Honour the Governour advise Lieu- 
tenant Governour Phips of this resolve, and that wliatsoever 
shall be needful to be represented to this Colony on that head 
its most expedient it should be made to that committee, who 
are invested witli authority to transact those affairs. 

Upon the petition of James Harris, of New London, vs. 
Merritt Smith, of said New London, as administrator on the 
estate of Major John Merrit, late of said New London, de- 
ceased, complaining of a judgment of the adjomned county 
court held in New London in February last, given in favour 
of said Smith against said Harris on a bond given by said 
Harris to said John Merrit. particularly in disallowing an 
account of sundry articles alledged by said Harris to have 
been delivered and paid on account of said bond ; thereupon 



* Vol. VII. 80. 



172 PUBLIC RECORDS [October, 

praying for relief in the premises, as per his petition more at 
large appears : Resolved by this Assembly, tliat Messrs. 
Jabez Hamlin, Elihu Chaunccy and Thomas Forsdick, be a 
committee, and they are hereby appointed a committee, with 
full power and authority to enquire into and examine the 
matters in said petition contained, and all things relating 
thereunto ; and for that purpose to appoint time and place of 
hearing, notify the parties, and to enquire of the parties 
under oath or without, and take such evidence as they shall 
judge proper in the premises ; and on the whole to report 
what they find, together with their opinion of what is just and 
right in the premises, to this Assembly in May next, that 
this Assembly may be better informed what is right to be 
done in the matters aforesaid. And the execution on said 
judgment is hereby suspended till the rising of this Assembly 
in May next. 

This Assembly do establish and confirm Mr. Timothy Par- 
sons to be Captain of the first company or trainband in the 
town of Durham, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Ebenezer 
Guernsey to be Lieutenant of the first company or trainband 
in the town of Durham, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. James Curtiss 
jun"" to be Ensign of the first company or trainband in the 
town of Durham, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Beedle to be Captain of the northeast company or trainband 
in the town of Wallingford, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Atwater to be Lieutenant of the northeast company or train- 
band in the town of Wallingford, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Joshua Austin 
to be Ensign of the northeast company or trainband in the 
town of Wallingford, and order that he be commissioned 
accordingly. 

Upon the memorial of Huckans Storrs, of Mansfield in 
the county of Windham, shewing to this Assembly that he 
bargained with and purchased of Experience Porter jun^ of 
said Mansfield, deceased, a certain tract of land lying in said 



1745.] OP CONNECTICUT. 173 

Mansfield at a place called Spring Hill, containing by estima- 
tion one hundred and fifty acres, bounded and described in 
the conditions of a bond given by the said Porter to the 
memorialist to secure a deed thereof; shewing further, that 
in consideration thereof he had paid and secured to be paid 
to the said Porter, his heirs or order, the sum of one thou- 
sand pounds, of which he had already discliarged the sum 
of eight hundred pounds, and that the said Porter on the 
16th day of February, A.Dom. 174|, did make and well exe- 
cute a bond of two thousand pounds, conditioned for the 
executing a good and absolute warranty deed of said Imds 
[332] and appurtenances : but that it happened || that the 
said Porter dyed without ever executing the said deed, not 
through unwillingness but for other reasons assigned ; and 
further, that the memorialist, after the death of said Porter, 
looking up said bond, to see after some remedy, to his great 
surprize found the obligatory part of his said bond cut off, all 
but one line ; and thereupon praying this Assembly to appoint 
and impower some meet person to give a deed of said land 
according to the description given in said conditions to said 
bond, which is in the following words, (yiz:^ All the land 
lying at Spring Hill, and buildings thereon, that is to say, all 
the lands that the said Experience Porter jun"" had conveyed 
to him by his honoured father, Experience Porter of Mans- 
field, as tiie same is butted and bounded in a certain deed on 
record to the said Experience Porter juu'', dated the od day of 
September, A. D. 17*29, recorded in Mansfield 3d book of deeds, 
in pages 111 and 115 and 116, together with a certain barn 
standing on the said land, and also about forty-one acres that 
the said Experience Porter jun^ bought of his brother John 
Porter, lying on tiie easterly side of Spring Hill, as the same 
is butted and bounded in a certain deed from said John 
Porter to him, the said Experience Porter jun^ recorded in 
Mansfield third book of deeds, in pages 805 and 806 ; as 
per the said memorial and conditions to said obligation, on 
file, may more fully appear : In consideration whereof, this 
Assembly doth appoint, impower and authorize. Experience 
Porter of said Mansfield, to make and execute a deed of said 
lands, in behalf of the heirs of the said Experience Porter 
jun% to the memorialist, his heirs, &c. 

This Assembly appoints Mr. Roger Sherman to be a Sur- 
veyour of Lands for the county of New Haven. 

This Assembly do establish and confirm Mr. Nathaniel 
Kimberly to be Ensign of the company or trainband at the 
parish of West Haven, and order that he be commissioned ac- 
cordingly. 



174 PUBLIC RECORDS [October, 

Upon the petition of Timothy Thrall, of the town of Wind- 
sor in the county of Hartford, shewing to this Assembly that 
James Enno, of Union in the county of Windham, brought 
his action against the petitioner as executor of the last will 
and testament of William Thrall, late of said Windsor, de- 
ceased, on a promissory note of the hand demanding the sum 
of seventy pounds, l)y his writ dated February 13th, A. D. 
174|, before the county court held at said Windham by an 
adjournment on the last Tuesday of February last, and the 
same was continued from that court unto the county court 
held at said Windham in June last, at which court the said 
Enno obtained final judgment against the petitioner for the 
sum of seventy pounds in bills of publick credit of the old 
tenour, with twelve pounds four shillings for cost ; and there- 
upon representing to this Assembly that the said note is fraud- 
ulent and never was executed l)y the said William ; and 
thereupon praying that the said judgment of the county court 
held at Windham in June last past, with the execution and 
doings thereon, may be set aside and made void, and that the 
petitioner may be allowed another tryal of said cause at the 
county court to be held at said Windham on the second Tues- 
day of December next, and that all the cost may follow the 
final tryal : Whereupon it is resolved by this Assembly, that 
the said judgment of the county court held at Windham in 
June last, with the execution and the doings thereon, shall be 
set aside, and the same is hereby made void, and that the 
petitioner is allowed another tryal of said cause at the county 
court to be lield at Windham on the second Tuesday of De- 
cember next ; and that all the cost follow the final tryal. 

[333] This Assembly do establish and confirm Mr. Jonathan 
Allen to be Captain of the 6th company or trainband in the 
11th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Jacob Whit- 
more to be Lieutenant of the 6th company or trainband in the 
11th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Theophilus 
Candey to be Ensign of the 6th company or trainband in the 
11th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

The Sums total of the Lists of Estate of the several Towns in this 

Colony hereafter mentioned, and sent in to this Assembly 

and accepted, are as follow^, (viz :) 

£ s. d. £ s. d. 

Hartford, 34071 6 10 New Haven, 43750 6 6 

New London, 29783 3 3 Fairfield, 44123 3 11 



17-15.] 


OP 


CONNECTICUT. 






175 


Windham, 


16429 


13 





Norwich, 


48049 


13 


Oi 


Ashford, 


8622 


18 


6 


Ridgfield, 


8268 


16 


3 


Greenwich, 


20291 


1 


1 


Symsbury, 


15009 


7 





Hebron, 


13372 


5 





Farmingtown, 


30113 


13 





Killingly, 


18602 





0. 


Canterbury, 


10858 


19 





Mansfield, 


12425 


14 


1 


East Haddam, 


16058 


13 





Stoningtown, 


28208 


15 





Weathersficld, 


24529 


13 


7 


Haddam, 


9079 


16 


6 


Wallingford, 


35100 


19 


2 


Lyme, 


21435 


7 


9 


Groton, 


20056 


11 


3 


Plainfield, 


10698 


16 


3 


Newtown, 


10684 


16 


10 


Glassenbury, 


9893 








Lebanon, 


32489 


4 


10 


Brandford, 


20971 


7 


1 


Nor walk, 


29467 


15 


1 


Danlniry, 


13020 


2 


3 


Preston, 


16884 


14 





Guilford, 


29954 


18 


Oi 


Colchester, 


18901 


6 





Woodberry, 


20218 


9 





Saybrook, 


174f)0 


7 


6 


Windsor, 


33407 


12 


11 


Litchfield, 


8136 


15 





New Milford, 


9653 


6. 


4 


Killingsworth, 


12323 


17 


1 


Voluntown, 


7488 


3 





Coventry, 


12827 


9 


2 


Durham, 


10247 


7 





Pomfrett, 


,12801 


11 





Standford, 


24461 


2 


8 


Stratford, 


34051 


10 


9 


Milford, 


25221 


7 


9 


Derby, 


9131 


16 


9 


Midletown, 


38205 


3 





Waterbury, 


12492 


7 






Upon th« memorial of Captain Chickins, an Indian living 
in the parish of Reading, in Fairfield county, representing to 
this Assembly that many years ago he sold to Capt. Samuel 
Couch a certain tract of land lying and situate between Fair- 
field, Danbury, Newtown, and Ridgefield, in said deed saving 
and reserving so much thereof as he and his children, &c., 
should need for their improvement, &c., and moving tliat a 
committee be appointed to consider of the premises and lay 
out of said lands according to said reserve : Resolved by this 
Assembly, that Ebenezer Sylliman, Esq'", Capt. Sanmel Burr 
of Fairfield, and Samuel Handford, Esq"", of Norwalk, be a 
committee to repair to and upon said land, and having due 
regard to said deed of conveyance with the savings and re- 
servations therein contained, to survey and by proper meets 
and bounds set out for and to the use of the memorialist and 
his children, such and so much of said lands as they shall be 
of opinion (on hearing all parties or persons therein concerned) 
ought to be allowed and set out to said memorialist and his 
children, &c., according to the true intent and meaning of 
said reserves ; and mal«e report of their doings in the premises 
to this Assembly in their sessions at Hartford in May next. 

[334] Upon the petition of Thomas Stow, of Midletown, vs. 
James Bvarts, of Guilford, complaining of a judgment of the 



176 PUBLIC RECORDS [October, 

superior court held in Hartford in Marcli, A. Dom. 174f , for 
that the jury missed the law in the consideration of the evi- 
dences, and by that means assessed the damages too small ; 
and thereupon praying for a new tryal, or a committee to en- 
quire into said case, as per the petition more at large may 
appear: Resolved by this Asseml)ly, that James Wadsworth, 
Esqr, Maj. Eliliu Chaunceyand Mr. Nathan Camp, all of Dur- 
ham, be, and they are hereby appointed, a committee with full 
power to enquire and look into the matters in said petition 
contained and all things relating thereto, and to hear the 
parties and examine them under oath or without, and all other 
evidence produced, and for that purpose to appoint time and 
place of hearing and notify the parties thereof, and on the 
whole to make report to this Assembly in May next of what 
they find, together with their opinion of what is right to be 
done in the premises. 

Upon the memorial of Eliphalet Beecher, of Amity in New 
Haven county, shewing to this Assembly that Joel Munson, 
of New Haven', borrowed of the government one hundred 
pounds new tenour bills, and gave security therefor, and that 
the memorialist borrowed and took of said Monson the sum of 
twenty pounds of said money, and gave security to said Mon- 
son to discharge so much upon his, the said Monst)n's, bond, 
and the memorialist having sustained the loss of his dwelling 
house, shop, &c., by fire, praying this Assembly to lengthen 
out the payment of said money, for the reasons assigned in 
said memorial : Whereupon it is resolved, that the memorial- 
ist have the space of two years next ensuing the first day of 
May next to pay the money and interest, the memorialist giv- 
ing bond with one sufficient surety to the Governor and Com- 
pany for the payment of said twenty pounds and interest at 
said term; and the said bond being lodged with the Secretary 
of the said Colony, that then the said Joel Munson is and 
shall be discharged upon the bond he hath given as aforesaid 
for the aforesaid sum of twenty pounds. 

Upon the memorial of Capt. Ezekiel Royce, of Wallingford 
in New Haven county, praying tliis Assembly to grant to him 
the sum of X2H lis. od. money old tenour, to be paid out of 
the puljlick treasury of this Colony for that he expended the 
same sum on his son Sam' Royce lately arrived from Cape 
Breton to New London, sick and there dyed, a souldier in the 
service of this Colony : Granted l)y this Assembly, that the 
memorialist shall receive out of the publick treasury of this 
Colony the aforesaid sum of £26 lis. od. money old tenour, 
and the Treasurer of this Colony is hereby ordered to pay the 
same to the said Capt. Ezekiel Royce. 



1745.] OP OONNECT'ICUT. 177 

Upon the memorial of Joiiatliau Starr, Luke Perkins and 
Nathan Smitli and William Williams, selectmen of the town 
of Groton in New London county, representing to ithis Assem- 
bly that Robert Burroughs, of said Groton, hath for several 
years been deprived of the exercise of his natural reason, so 
that the said Burroughs is uncapable to support himself or to 
take care of his estate, and praying- that this Assembly would 
authorize some meet person or persons to make sale of said 
Burroughs' house and about one acre of land lying and being 
in said Groton, and that the money arising by the sale thereof 
may be deposited in the hands of the selectmen for the time 
being, for the use of said Burroughs, as per the memorial of 
said selectmen may fully appear : Resolved by this Assembly, 
that Capt. Jonathan Starr and Luke Perkins, Esq^, of said 
Groton, be and are hereby authorized and impowered to make 
sale of said house and land, and to execute an authentick con- 
veyance of said house and land to the, person or persons who 
shall purchase the same, and that the. money. arising by such 
sale to be deposited in the hands of the selectmen of said 
Groton for the time being, to be by such selectmen improved 
to the use and maintenance of the said Burroughs. 

[335] On the petition of Daniel HalLthe 2d, shewing that 
one Daniel Baldwin, of the north parish in Wallingford, 
obtained final judgment at the superior court held in New 
Haven in March, 1732, against him for the surrendry of about 
two acres of land situate in the bounds of said Wallingford, as 
per writ; representing that since said final judgment he had 
discovered the true original bounds at the northeast corner 
of said Baldwin's farm; praying for a reversal of said final 
judgment and all the doings thereon, and for a new tryal of 
said cause, as per his petition on file : Resolved by this Assem- 
bly, that the said final judgment in March, 173^, in favour of 
said Daniel Baldwin against said Daniel Hall the 2d, shall be 
and hereby is reversed and set aside with all the doings thereon, 
and that the said Daniel Hall tlie 2d shall and hereby is 
granted a new tryal of said cause, at the superior court to be 
held in New Haven the last Tuesday of February next ; and all 
cost follow the final judgment in said case. 

Resolved hy this Assembly, That Nathaniel Stanly, William 
Pitkin, Jonathan Trumble, Esq^^ Colonel iThomas Wells and 
Mr. George Wyllys, or any two of them, be a committee 'to 
enquire into, prepare, draw up and get the proper evidences 
and attestations of the accounts of the charges, expences and 
disbursements this Colony have made in tlie carrying on the 
expedition against Cape Breton, and in securing the acquisi- 

23 



178 PUBLIC RECORDS [October, 

tion made there, that so the same may be sent home, to be 
laid before the King in Council, or the Parliament of Great 
Britain, to ask favour for the reimbursement thereof to this 
Colony. 

On the report of the committee appointed to examine the 
accounts of those that assisted in prosecuting Nelson, Sher- 
wood, Hurlburt and Boyce, on a complaint for their corruptly 
uttering counterfeit bills of credit: Resolved by this Assem- 
bly, that the Treasurer of this Colony shall and he is hereby 
directed to pay unto William Drinkwater, for himself and 
those whom he represents, in old tenour bills, the sum of one 
hundred twenty-seven pounds and eighteen shillings ; and to 
William Spencer, for 'himself and those for whom he is con- 
cerned, in old tenour bills, the sum of ninety-two pounds one 
shilling and ten pence ; also, that the sum'of twenty pounds 
old tenour be paid to the said William Drinkwater, as a pre- 
mium for informing against Seth Sherwood, and to James 
Betts, as a premium for informing against Andrew Nelson, 
twenty pounds ; and also the sum of fifty pounds old tenour 
be delivered to Ephraim Seeley, for his expence and pains in 
discovering the wicked practices of the said offenders ; taking 
receipts of the persons receiving said sums. 
An Act allowing' and stating Constables' Fees for siimmoning' Jurors. 

Be it enacted by the Q-overnor, Council and Representatives, 
in Greneral Court assembled, and by the authority of the same. 
That every constable in this Colony who, since the first day of 
December last, hath summoned, or hereafter shall summon 
(by summons lawfully issued) any juror or jurors to attend 
any of the superior or county courts in this Colony, shall be 
therefor allowed (save only for return of said summons) 
the same fees for travel and serving as by law are allowed in 
process in civil causes, to be paid out of the county treasuries 
of the respective counties where such jurors are to attend. 

Upon the report of Benjamin Hall, John Southmaid and 
Samuel Hickcox, a committee appointed by this Assembly, in 
May last, to affix a place for the society of Roxberry in Wood- 
berry to build a meeting-house, representing to this Assembly 
that they have set up a stake and laid a large heap of stones 
about it on the hill about forty-four feet south of the old meet- 
[3o6] ing-house: || Resolved by this Assembly, that the stake 
set up by said committee be the place for the setting the 
meeting-house on for said society, and that the said stake be 
enclosed within the sills of said house. 

Upon the memorial of the northern inhabitants of the 1st 
society in Killingly, together with the concurrence and agree- 



1745.] OP CONNECTICUT. 179 

ment of the rest and southern inhabitants of said parish, for 
divers reasons in said memorial set forth, praying said society 
might be divided into and so as to become two distinct parishes 
by some convenient line divident, to be ascertained and drawn 
across said society: Resolved by this Assembly, that the 
inhabitants of said first parish or society in Killingly shall be 
and become two several and distinct ecclesiastical societies, to 
be from each other separated and divided by a line beginning 
at the east side of Quinebang River, and thence extending 
northeastwardly, (leaving James Miles house to the north,) 
directly to the nortli side of David Russels dwelling house, 
and from thence, (leaving said Russels house to the south,) 
directly on a straight line to Rhode Island Colony line, so as 
to leave Deacon Eleazer Bateman jun'' his dwelling house 
just ten rods to the north of said line ; and that all the said 
inhabitants who live to the southward of said line sliall be and 
remain by themselves a distinct ecclesiastical society, endowed 
with all the powers and privileges which other such societies 
in this Colony have ; and that all those of said inhabitants 
who live on the north side of said divident line shall be and by 
themselves become a distinct ecclesiastical society, vested with 
powers and privileges as abovesaid, save only and except 
Thomas Bateman, Nathaniel Brown, Gideon Draper, jun^ and 
Salmon Wheat, and their estates, who have liberty to joyn 
with said southern inhabitants, and also John Firman, 
Daniel Lawrence and Benjamin Barrett, or any or either of 
them, who shall by or before the latter end of November next 
enter their names with the clerk of such southern society, . 
signifying their desire thereof, shall with their estates in like 
manner have liberty to be joyned witb them ; saving also to 
Israel Proctor with his estate liberty to be joyned with said 
northern parisli . And it is further resolved, each of the said two 
societies to be made as abovesaid shall share and take benefit of 
the school money which hitherto hath belonged to the said first 
parish of Killingly, (while whole and undivided,) in proportion 
to their respective lists. And it is further resolved, that tiie old 
meeting house in the northern society shall belong to the same 
northern society, and that the new meeting-house in the south 
society shall belong to said south society, and that all taxes 
and rates already made and arising upon the inhabitants of 
the first society when entire, before the divison by this act 
made, for the building said new meeting-house, shall be paid 
and answered as the same should have been, had there been 
no division of said first society. 

Upon the memorial of William Wolcott jun^, Pelatiah 
Mills, John Palmer jun^, and Edward Griswould, all of Wind- 



1'80' PUBLIC RECORDS [October, 

sor in the county of Hartford, selectmen of the town of 
Windsor, shewing to this Assembly that by and with the 
advice of the civil authority of the town of Windsor, and in 
pursuance of one law of this Colony intituled An Act for the 
better ordering idle and poor persons, and to enable the select- 
men in the respective towns to take into their care and 
management the estates and credits of such persons, &c., they 
took into their care one Benjamin Hutchinson and Anne his 
wife, both of said Windsor, being persons that have arrived to 
a gi*eat age, and tliereby are rendered uncapable to labour and 
support themselves, and that the inhabitants of said Wind- 
[387] sor II have already expended the sum of twenty-three 
pounds ; and thereupon further shewing that the said Hutch- 
inson hath no personal estate whereon to support himself; 
and thereupon praying that so much of the real estate of the 
said Hutchinson may be sold as shall be sufficient to pay the 
said twenty-three pounds, and also for liis support, as by said 
memorial doth fully appear : Whereupon it is resolved by this 
Assembly, that there shall be sold two acres of land belonging 
to the said Hutchinson, and lying in said Windsor at a place 
commonly called Horsfords Meadow, and the money arising 
on said sale shall be improved by the selectmen of said Wind- 
sor for the time being in the support of the said Benjamin 
Hutchinson and Anne his wife ; and this Assembly do hereby 
authorize, appoint and fully impower the said William Wol- 
cott jun"", and Pelatiah Mills, to give a deed of sale of said 
land. 

Upon the memorial of Samuel Bnel, Abraham Skinner and 
sundry other persons, of whom some live towards the south- 
eastern parts of the parish of Eastberry, some on the western 
parts of Hebron, and others on some parts of the first and 
third societies in Colchester nearest adjoyning to said parts of 
Eastberry and Hebron, representing that it is convenient and 
needful for them to be united together so as to become a dis- 
tinct parish, and praying a committee to view and report their 
circumstances, &c. : Resolved by this Assembly, that Roger 
Wolcott jun>-. Esq"", Mr. Daniel Bissell, of Windsor, and Mr. 
Hezekiah May, of Weathersfield, be and they hereby are ap- 
pointed, impowered and directed, to repair to and upon the 
places situated as abovesaid and inhabited by the memorialists, 
and give legal notice to all persons concerned, and upon due 
hearing all parties or persons therein interested, and enquiry 
into tiieir circumstances, to make report on the [)remises to 
this Assembly at their sessions at Hartlbrd in May next. 

Upon the memorial of Joseph Hawkins, of the town of Derby 



1745.] OP CONNECTICUT. 181 

ill the county of New Haven, shewing to this Assembly that 
Capt. Moses Hawkins, of Derby aforesaid, to whom was grant- 
ed the liberty and privilege to keep the ferry over Stratford 
River at Derby, commonly called Hawkins's Ferry, by the 
Assembly held at Hartford May, aivno Dom. 1737, was re- 
moved at a great distance therefrom, and willing to resign the 
liberty and privilege thereof, and that the said memorialist 
being well situated and prepared to keep said ferry, and pray- 
ing this Assembly to grant unto him, the said memorialist, the 
liberty and privilege of keeping said ferry, and also that the 
fare of said ferry be the same as the fare of Stratford ferry is 
set at, as by said memorial on file may appear : Resolved by 
this Assemljly, that the said Joseph Hawkins have the liberty 
and privilege of keeping the ferry over Stratford River at Der- 
by, commonly called Hawkins's Ferry, and the same is hereby 
granted unjo him ; and that the fare thereof shall be the same 
as the fare of Stratford ferry is stated and set at. 

Upon the memorial of the inhabitants of the parish of Ripton 
in the county of Fairfield, shewing to this Assemljly that they 
had agreed to build a new presbyterian meeting-house in said 
parish, praying for a committee to affix and ascertain the 
place to build said meeting-house upon : Resolved by this 
Asseml)ly, that Capt. Jolin Fowler, Capt. Nathan Baldwin, of 
Milford, and Mr. Gideon Johnson, of Derby, in New Haven 
county, be a committee hereby fully impowered to act in the 
premises, and to report their doings to this Assembly at their 
sessions in May next. 

Ordered by this Assembly, That the Treasurer of this Colony 
pay out of the Colony treasury twenty-four pounds and three 
pence in bills of credit old tenour, to the selectmen of the town 
of Fairfield, the said selectmen having expended the like sum 
in nursing, tending, &c., Samuel Holmes, one of the souldiers 
that was returning from the expedition against Cape Breton, 
who was taken sick in said Fairfield. 

[338] Upon the memorial of John Smith, Ephraim 
Bemis and Edward Tiffany, of Ashford in the county of Wind- 
ham, praying to this Assembly tbatthey maybe released from 
paying a large bill of cost taxed against them, (^viz:} .£33 
17s. 4:d. old tenour, by the county court held at Windham 
within and for the county of Windbam on the 4th Tuesday of 
August last past, by adjournment, on an information at said 
county court preferred against the memorialists for a riot : 
Resolved by this Assembly, that the said Smith, Bemis and 
Tiffany be, and are hereby, released and discharged from pay- 
ing the said sum of £o'd 17s. Ad. taxed against them by said 
county court. 



182 PUBLIC RECORDS [October, 

An Act for raising the Fare of the Ferry commonly called Smith's 
(now Timothy Smith s) Ferry. 

Be it enacted by the Crovernor, Council and Representatives, 
in Creneral Court assembled, and hy the authority of the same, 
That the fare of the said ferry, which is across Connecticut River 
at or near the southern end of Hartford, called Timothy 
Smith's Ferry, shall for the future be as follows, {viz ;) for 
man, horse and load, nine pence ; for a man, four pence ; for 
an horse, five pence ; for neat cattle, seven pence per head, and 
two pence per head for sheep ; and so pro rato for other 
things, all in old tenour. 

This Assembly grants unto Doctor Normand Morison, for his 
salary, the sum of fifty-five pounds old tenour per month for the 
future, during the time he shall be improved in the Colony 
service at Louisbourg. 

This Assembly do establish and confirm Mr. John Randal 
to be Captain of the 3d company or trainband in the town of 
Stoningtown, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Gershom 
Breed to be Lieutenant of the 3d company or trainband in 
the town of Stonington, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Randal to be Ensign of the 3d company or trainband in 
the towii of Stoningtown, and order that he be commissioned 
accordingly. 

An Act for stating the Fare of the Ferry over the River of Connecticut 
and Rivulet in Windsor granted to Roger Wolcott, Esq. 

It is enacted by the Grovernor, Council and Representatives , in 
Greneral Court assembled, and. by the authority of the same, 
That the fare of the said ferry for carrying horse, man and 
load across the said two rivers, shall be twelve pence old 
tenour, for each single person six pence, for each single horse 
six pence, for neat kind eight pence per head, and two pence 
per head for sheep ; and when carried across Connecticut 
River only, for man, horse and load Jen pence, for each single 
person five pence, for each horse five pence, for neat kind six 
pence per head, and two pence per head for sheep. 

Upon the petition of William Karr, of Lyme in the county 
of New London, against Samuel Mansfield, sheriff of the county 
of New Haven, shewing to this Assembly that he brought his 
action against said Samuel Mansfieki, sheriff, Ijetbre the county 
court held at said New Haven, for letting one James Rhodes 
of Wallingford escape out of goal, whom said Karr had caused 
to be committed on two executions he had in his favour against 
said Rhodes ; further setting forth, that said sheriff pleaded 



1745.] OP CONNECTICUT. 183 

an order and advice of the Council of War at Hartford for his 
suffering said Rhodes to go out of goal, and that said Mans- 
[339] field had, by the || final judgment of the superior court 
held at New Haven in August last past, obtained cost against 
said Karr for £33 6s. Sd., praying that said judgment of the 
superior court be set aside and another tryal be allowed, or 
that this Assembly order that his said debt and cost, with the 
cost oljtained against him by said Mansfield, be paid out of the 
publick treasury of this Colony, as is more largely set forth 
in said petition : Resolved by this Assembly, that said Karr 
have paid to him out of the publick treasury of this Colony 
said debt, being thirty pounds, and the cost said sheritf ob- 
tained against him, in the whole the sum of sixty-three pounds 
six shillings and three pence old tenour bills ; and the Treas- 
urer of said Colony is hereby ordered to pay the same to said 
Karr or his attorney, taking a receipt therefor. 

Resolved hy this Assembly, on the representation of Mr. 
Jeremiah Miller, jun"", that the committee appointed for the 
adjusting and settling the accounts of the expedition against 
Cape Breton do settle accounts with the said Mr. Miller, so 
far as is agreeable to the acts which have past this Assembly 
and the allowances already directed for the said commissary ; 
and as to any further allowances which shall be thought proper 
and necessary to be made to him, that the said committee 
consider his representations concerning the same, and report 
to this Assembly in May next what further allowances they 
shall judge proper to be made to him in consideration of his 
services. 

Resolved hy this Assembly, That the commissaries imployed 
in the expedition against Cape Breton draw up the several 
accounts of their transactions therein, and avouch them under 
oath before some justice of the peace, and send them forthwith 
to the Secretary ; and that the respective captains in said ex- 
pedition who are returned, or chief commission officer of either 
of the companies who is returned, be directed forthwith to 
bring in their muster rolls, shewing the time of their souldiers' 
inlistment and discharge, and the sum of the wages of each 
souldier, to the committee appointed for the settlement and 
adjusting the accounts of said expedition ; and the said com- 
mittee are directed to draw up their accounts, including the 
officers' wages and sums advanced to them, the souldiers' 
wages and jjremia, the several grants made by this Assembly 
in that aifair, and the billeting bills and other incident charges 
allowed by them, and in like manner avouched by said com- 
mittee ; and that the committee appointed by this Assembly 



184 PUBLIC RECOEDS [October, 

draw an account current upon the whole, with an account of 
the arms found by this Assembly to be inserted, according to 
the premium given to such as found their own arms ; and 
that due and authentick attestations be made by his Honour 
the Governor and Secretary of such certificates as shall be 
necessarily made thereon, so that the whole account of dis- 
bursements hitherto made may clearly appear duly authenti- 
cated ; and that a representation of the present state of our 
charges now advancing upon this Colony be made, in order 
to obtain his Majesties favour in the reimbursement thereof. 

Resolved by this Assembly, That his Honour the Governour 
])e desired to draw and send a letter to the Honourable Peter 
Warren, Esq"", acknowledging his favour of the 14th Septem- 
ber, 1745, congratulating him upon his success and the honours 
conferred upon him by his Majesty in return of his good serv- 
ices, and also representing to him tlie advantages that may 
accrue to this Colony and the government of Louisbourg by a 
good agreement and correspondence between them, and desir- 
ing his representations to be made in our favour to his Majesty, 
and recommendation to his friends at home to use their inter- 
est on our behalf, that we may obtain the reimbursement of 
our expences in the expedition against Cape Breton, and due 
favours to be conferred on our officers and souldiers imployed 
therein. 

[340] Upon the memorial of Doct"". John Hart, of Hartford, 
representing that he hath been in quality of physician on 
board the sloop Defence, on the expedition against Cape 
Breton, and that the fifteen pounds per month heretofore pro- 
posed to be allowed such physician is, as he conceives, no meet 
recompence, and praying such addition as to raise it to 25L 
per month, as per liis memorial on file : Resolved by this As- 
sembly, that the memorialist be allowed at the rate of twenty 
pounds per month for and during the continuance of his above- 
said service. 

This Assembly do establish and confirm Mr. Thomas 
Sloughton to be Lieutenant of the company or trainband in 
the town of Torrington, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Ebenezer Ly- 
man, juni", to be Ensign of the company or trainband in the 
town of Torrington, and order that he be commissioned ac- 
cordingly. 

This Assembly grants unto the Honourable Jonathan Law, 
Esq"", Governour, for his last half year's salary, the sum of 
seventy pounds, to be paid in bills of the new tenour. 



1745.] OF CONNECTICUT. 185 

This Assembly grants imto the Hon^ie Roger Wolcott, Esq"", 
Deputy Governour, the sum of forty pounds for his salary this 
present year, to be paid in bills of the new tenour. 

This Assembly grants unto Timothy Green, printer, for his 
salary this present year, the sum of thirty-five pounds new 
tenour. 

Resolved hy this Assembly, That his Honour the Governour 
do draw on the Treasurer of this Colony, to pay to Tliomas 
Fitch, Esq'', or John Bulkley, Esq"", who shall undertake to 
proceed as an Agent to Great Britain, such sum or sums of 
money as shall be necessary to furnish an agent to transact 
the affairs committed to him. 

Resolved hy this Assembly, That Thomas Fitch, Esq'', of 
Norwalk, be appointed, and he is hereby appointed, to be an 
Agent for this Colony, to repair with all convenient speed to 
Great Britain, with proper powers and authorities to transact 
the affair of ol)taining for this Colony the reimbursement of 
the expences of the expedition against Cape Breton, with such 
other matters and affairs as shall need to be transacted for this 
Colony and committed to him by his Honour the Governour 
to be transacted during his stay there ; and that his Honour 
the Governour and Secretary make a proper power thereon ; 
and that his Honour the Governour write to Mr. Agent Pal- 
mer on the subject, desiring his friendly assistance, and con- 
tinuation of his good offices for us as our stated Agent ; and 
that in case the said Thomas Fitch, Esq"", shall refuse to un- 
dertake the said affair, or by inevitable providence shall be 
prevented in proceeding on the same, this Assembly do ap- 
point John Bulkley, Esq'', to be Agent for this Colony, to pro- 
ceed on the said affair, with powers, authorities and instruc- 
tions as aforedirected for said Thos. Fitch, Esq'". 

Ordered by this Assembly, That the Treasurer of this Colony 
pay out of the Colony treasury unto Nathaniel Brown, goaler 
in New Haven county, for dieting and foes of Nelson, Hurl- 
burt and Boyce, who were committed to prison for utte ring- 
counterfeit bills, the sum of six pounds four shillings old 
tenour bills, taking receipt accordhigiy. 

Resolved by this Assembly, That his Honour the Governour 
with the Council of War at Milford be impowered, and they 
are hereby impowered, to supply our forces in the garrison at 
Louisbourg with a chaplain, if need be. 

[•341] Resolved hy this Assembly, That the souldiers in the 
garrison of Louisbourg belonging to this government be allowed 
half a pint of rum a man per diem. 

24 



186 PUBLIC RECORDS [May, 

This Assembly grants unto the Honourable Jonathan Law, 
Bsqr, Governour, for his extraordinary service this last half 
year, the sum of fifteen pounds in new tenour bills. 

Resolved by this Assembly^ That Joseph Whiting, Esq"", 
"Roger Newton, Esq"", Capt. John Hubbard, Mr. John Hitch- 
cock, Capt. John Fowler and Mr. Robert Treat, be a commit- 
tee to hear the records of this Assembly read off, and see that 
they be perfected and signed by the Secretary as compleat. 

The several Acts, Grants and Orders of this Assembly, as 
they stand entered on the pages of this book next preceding, 
were read off in the presence of the committee abovenamed, 
and signed as compleat. 

George Wyllys, Secret'y. 



[342] Anno Regni Regis Gieorgii secujidi decimo-nono . 
At a General Assembly holden at Hartford in the County 
OF Hartford in [his] Majesties English Colony of Con- 
necticut in New England in America, on the second 
Thursday of May (being the 8th day of said month,) and 
continued by several adjournments until the 31st day 
op the same month, annoque domini 1746. 
Present : 
The Honourable Jonathan Law, Esquire, Governor. 
The Honbie Roger Wolcott, Esqf, Deputy Governor. 
James Wadsworth, ^ Thomas Fitch, 

Nathaniel Stanly, Roger Newton, 

Ozias Pitkin, I -r, ^.^ Ebenezer Silliman, 

Timothy Pierce, '^ ^ 'Jonathan Trumble, 

John Bulkley, 



Esq'-s. As- 
sistants. 



Samuel Lynde, 
William Pitkin, 

Representatives or Deputies that attended at the Assembly are 
as follow, (viz :) 
Mr. Joseph Buckingham, Mr. Joseph Talcott, for Hartford. 
Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New Lou- 
don. 
Major Thomas Dyer, Capt. Eleazer Cary, for Windham. 
Capt. John Fowler, Mr. Robert Treat, for Milford. 
Colo. Jonathan Hoit, for Standford. 
Mr. John Dixson, Mr. Joseph Palmer, for Voluntown. 
Mr. James Bicknal, Mr. William Watkins, for Ashford. 
Mr. Thomas Benedict, Capt. Josiah Starr, for Danbury. 
Capt. Joseph Phelps, Mr. Joseph Skinner, for Hebron. 
Colo. John Dyer, Mr. Stephen Frost, for Canterbury. 



1746.] OP CONNECTICUT. 187 

Capt. Elnathan Stephens, Capt. Isaac Kelscy, for Killings- 
worth . 

Mr. Ebenezer Bateman, Mr. Penuel Child, for Killingly. 

Capt. Rich. Olmstead, Mr. Sam' Olmstead, for Ridgetield. 

Capt. Jedadiah Chapman, Mr. Ambrose Wliittelsey, for Say- 
brook. 

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven. 

Colo. Andrew Burr, Capt. Samuel Burr, for Fairfield. 

Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Mr. Joseph Strong, Capt. Samuel Parker, for Coventry. 

Capt. Asahel Strong, Mr. John Hooker, for Farmingtown. 

Mr. Samuel Fitch, Major James Lockwood, for Norwalk. 

Capt. Robert Walker, Capt. David Judson, for Stratford. 

Capt. Charles Bulkley, Capt. Nathaniel Foot, for Colchester. 

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield. 

Mr. Joseph Brownson, Mr. Timothy Judd, for Waterbury. 

Capt. Moses Hawkins, Mr. Abel Gun, for Derby. 

Mr. John Hall, Colo. Benjamin Hall, for Wallingford. 

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 

[343] Mr. Hezekiah Brainerd, for Haddam. 

Capt. John Mead, Capt. Israel Knapp, for Greenwich. 

Capt. Nath' Harrison, Capt. Robert Foot, for Brandford. 

Mr. John Humphrey, Mr. Jolm Case, for Symsbury. 

Mr. William Wittar, Capt. Samuel Coit, for Preston. 

Colo. John Chester, Mr. Elisha Williams, for Weathersfield. 

Colo. Christopher Avery, Mr. John Ledyard, for Groton. 

Mr. John Griswould, Mr. Richard Lord, for Lyme. 

Capt. Roger Wolcott, Capt. Pelatiah AUyn, for Windsor. 

Mr. Ebenezer Holbrook, Capt. Noah Sabin, for Pomfrett. 

Mr. Noadiah Brainerd, for East Haddam. 

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon. 

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 

Mr. David Noble, Mr. Samuel Canfield, for New Milford. 

Colo. Thomas Welles, Capt. Jonath. Hale, for Glassenbury. 

Mr. Simeon Minor, Capt. John Breed, for Stonington. 

Major Elihu Chauncey, Mr. James Wadsworth, for Durham. 

Mr. John Crery, Mr. William Marsh, for Plainfield. 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Colo. Samuel Hill, Speaker ) of the House of Represen- 
Capt. John Fowler, Clerk ) tatives. 

This day being appointed by the royal charter and the laws 

of this Colony for the election of the publick officers of the 

Colony, (viz:') Governor, Deputy Governor, Assistants, Treas- 
urer and Secretary, — proclamation was made, and the free- 



188 PUBLIC RECORDS [May, 

men proceeded to give in their votes to persons appointed by 
the Governor, Council and Ropreseiitatives, to receive, sort 
and count them ; (which persons were, Nathaniel Stanly, 
Timothy Pierce, Samuel Lynde, William Pitkin, Thomas 
Fitch, Roger Newtoji, Ebenezer Silliman, Jonathan Trumble, 
Esqfs, Mr. Joseph Buckingham, Mr. Robert Treat, Major Elihu 
Chauncey, Mr. Richard Lord, Colo. Jonathan Hoit, Colo. 
Thomas Welles, Capt. Samuel Burr, Mr. Ebenezer West, and 
Colo. John Dyer,) who were all sworn to a faithful discharge 
of that trust. And the freemen's votes being brought in, 
sorted and counted. 

The Honourable Jonathan Law, Esq"", was chosen Governor 
of this Colony for the year ensuing, and the Governor's oath 
prescribed by the law of this Colony, and the oath required by 
act of Parliament, relating to trade and navigation, were ad- 
ministered to him by liis Honour the Deputy Governor, in the 
presence of the Asseml)ly. 

The Hon^ie Roger Wolcott, Esq!", was chosen Deputy Gov- 
ernor of this Colony the year ensuing, and was sworn accord- 
ing to law by his Honour the Governor, in the presence of the 
Assembly. 

James Wads worth. Esq"", Thomas Fitch, Esq"", 

Nathaniel Stanly, Esq'", Roger Newton, Esq"", 

Ozias Pitkin, Esq^ Ebenezer Silliman, Esqi", 

Timothy Pierce, Esq"", Jonathan Trumble, Esq'", 

Samuel Lynde, Esq'", John Bulkley, Esq"", 

William Pitkin, Esqf, Andrew Burr, Esq*", 

were chosen Assistants for the year ensuing, and had the As- 
sistant's oath, provided by law, administered to them by his 
Honour the Governor. 

John Whiting, Esq"", was chosen Treasurer of this Colony 
the year ensuing, and had the Treasurer's oath, provided by 
law, administered to him by his Honour the Governor. 

[344] George Wyllys was chosen Secretary of this Colony 
for the year ensuing, and had the Secretary's oath, provided by 
law, administered to him by his Honour the Governor, in the 
presence of the Assembly. 

Resolved by this Assembly^ That Roger Newton, Esq"", and 
Mr. John Hall return the thanks of this Assembly to the Rev^ 
Mr. Samuel Hall, for his sermon preached before this Assem- 
bly on the 8th of instant May, and desire a copy thereof, that 
it may be printed. 

This Assembly do appoint the Honourable Roger Wolcott, 
Esq'", Chief Judge of the Superior Courts in this Colony the 
year ensuing. 



1746.] OF CONNECTICUT. 189 

This Assembly do appoint James Wadsworth, Esqr, William 
Pitkin, Escf, Ebenezer Silliman, Esq--, and John Bulkley, 
Esq"", to be Judges of the Superior Courts in this Colony the 
year ensuing. 

This Assembly do appoint William Pitkin, Esqs to be Judge 
of the County Court in and for the county of Hartford the 
year ensuing. 

This Assembly do appoint Roger Newton, Esqs to be Judge 
of the County Court in and for the county of New Haven the 
year ensuing. 

This Assembly do appoint Samuel Lynde, EsqS to be Judge 
of the County Court in and for the county of New London the 
year ensuing. 

This Assembly do appoint Andrew Burr, Esq% to be Judge 
of the County Court in and for the county of Fairfield the 
year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq"", to be 
Judge of the County Court in and for the county of Windham 
the year ensuing. 

This Assembly do appoint Joseph Buckingham, Esq"", to 
be Judge of the Court of Probate in the district of Hartford 
the year ensuing. 

This Assembly do appoint Joseph Whiting, Esq"", to be 
Judge of the Court of Probate in the district of New Haven 
the year ensuing. 

This Assembly do appoint John Richards, Esq^, to be 
Judge of the Court of Probate in the district of New London 
the year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq ■", to be 
Judge of tlie Court of Probate in the district of Fairfield the 
year ensuing. 

This Assembly do appoint Timothy Pierce, Esq^, to be 
Judge of the Court of Probate in the district of Windham the 
year ensuing. 

This Assembly do appoint Samuel Hill, Esq"", to be Judge 
of the Court of Probate in the district of Guilford the year 
ensuing. 

This Assembly do appoint Joseph Minor, Esq"", to be Judge 
of the Court of Probate in the district of Woodbury the year 
ensuing. 

This Assembly do appoint John Bulkley, Esq% to be Judge 
of the Court of Probate in the district of East Haddam the 
year ensuing. 



190 PUBLIC RECORDS [May, 

This Assembly do" appoint Ebenezer Marsh, Esq"", to be 
Judge of the Court of Probate in the district of Litchfield the 
year ensuing. 

This Assembly do appoint Thomas Benedict, Esq^, to be 
Judge of the Court of Probate in the district of Danbury the 
year ensuing. 

This Assembly do appoint Jonathan Hoit, Bsqs to be Judge 
of the Court of Probate in the district of Standford the year 
ensuing. 

This Assembly do appoint Samuel Hill, Benjamin Hall, 
John Southraaid,and John Fowler, Esqf^, to be Justices of the 
Peace and Quorum in and for the county of New Haven the 
year ensuing. 

[345] Tins Assembly do appoint Robert Treat, John Riggs, 
Samuel Bassett, Samuel Riggs, Roger Brownson, Samuel 
Canfield, Nathi. Bostwick, John Williams, Joseph Whiting, 
Samuel Bishop, Isaac Dickerman, John Hubbard, John 
Hitchcock, John Russell, Jonathan Russell, Andrew Ward, 
Thomas Hotchkins, Samuel Hopson, Timothy Stone, Elihu 
Chauncey, Theophilus Yale, Samuel Hall, Elihu Hall, Ezekiel 
Royce, Thomas Clark, Thomas Chipman, Nathan Baldwin, 
Deodate Davenport, and Samuel Hutchinson. Esq^s, to be 
Justices of the Peace in and for the county of New Haven the 
year ensuing. 

This Assembly do appoint Edmund Lewiss, John Thompson, 
Jonathan Hoit, and William Preston, Esq^^to be Justices of the 
Peace and Quorum in and for the county of Fairfield the year 
ensuing. 

This Assembly do appoint Samuel Sherwood, Thaddeus Burr, 
Moses Dimon, jun""., John Read, Samuel Hanford, James 
Lockwood, Samuel Fitch, Samuel Hoit, Jonathan Maltbie, 
Nathaniel Peck, James Beebe, Thomas Benedict, James Ben- 
edict, Richard Olmstead, Thomas Tousey, Job Sherman, 
Joseph Minor, Noah Hinman, Joseph Blackleach, Samuel 
Addams, Robert Walker, Jabez Mead, John Burr (captain,) 
and Ephraim Hubbell, Esqi'S to be Justices of the Peace in and 
for the county of Fairfield the year ensuing. 

This Assembly do appoint Ebenezer West, Shubael Conant, 
and John Dyer, Esq^s to be Justices of the Peace and Quorum 
in and for the county of Windham the year ensuing. 

This Assembly do appoint Joseph Strong, Joseph Leavinze, 
Leicester Grosvenor, Joseph Cadey, Thomas Storrs, Peter 
Buel, John Crery, Joseph Fowler, Thomas Tiffany, Gershom 
Clark, Nathaniel Huntington, Nathaniel Wales, Ebenezer 
Holbrook, Joseph Palmer, Eliphalet Dyer, John Smith jun^.^ 



1746.] OF CONNECTICUT. 191 

James Bicknall, Samuel Danielson, and Joseph Clark, Esqi's, 
to be Justices of the Peace in and for the county of Windham 
the year ensuing. 

Tliis Assembly do establish and confirm Mr. John Hotchkiss 
to be Captain of the south company or trainband in the parish 
of New Cheshire, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Ephraim Cook 
to be Lieutenant of the south company or trainband in the 
parish of New Cheshire, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Amos Hotch- 
kiss to be Ensign of the south company or trainband in the par- 
ish of New Cheshire, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. David Good- 
rich to be tCnsign of the 4th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Robert Walker 
to be Captain of the north end company or trainband in the 
town of Stratford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish Mr. John Lewiss to be Lieuten- 
ant of the north end company or trainband in the town , of 
Stratford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Stiles Curtiss 
to be Ensign of the north end company or trainband in the 
town of Stratford, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Dan Troop to 
be Cornet of the Troop of Horse in Lebanon, &c., and order 
that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Benjamin Dav- 
enport to be Quarter-Master of the Troop of Horse in Lebanon, 
&c., and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joshua Abell 
to be Captain of the 2d company or trainband in the town of 
Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Richard Hide 
to be Lieutenant of the second company or trainband in the 
town of Norwich, and order that he be commissioned accord- 
ingly. 



192 PUBLIC RECORDS [May, 

This Assembly do establish and confirm Mr. Benjamin 
Spaulding to be Ensign of the 1st company or trainband in the 
11th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Nathan Hiirl- 
burt to be Lieutenant of the 3d company or trainband in the 
town of Woodberry, and order that he be commissioned ac- 
cordingly. 

[346] This Assembly do establish and confirm Mr. Roger 
Wells to be Lieutenant of the 10th company or trainband in 
the 6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Chur^ 
chil to be Ensign of the 10th company or trainband in the 
6th regiment in the Colony, and order that he be commission- 
ed accordingly. 

This Assembly do establish and confirm Mr. Josiah Willard 
to be Captain of the 10th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Pitkin 
to be Captain of the 3d company or trainband in the town of 
Hartford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. William 
Williams to be Lieutenant of the 3d company or trainband in 
the town of Hartford, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Stephen 
Olmstead to be Ensign of the 3d company or trainband in the 
town of Hartford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Eleazer Hub- 
bell to be Lieutenant of the company or trainband in the 
north society in New Fairfield, and order that he be commis- 
sioned accordingly. 

Tliis Assembly do establish and confirm Mr. Thomas Bene- 
dict to be Captain of the first company or trainband in the 
town of Norwalk, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Taylor to 
be Lieutenant of the first company or trainband in the town 
of Norwalk, and order that ho be commissioned accordingly. 

This Assembly do establish and confirm Mr. Isaac Sherwood 
jun"', to [be] Ensign of the 1st company or trainband in the 



1746.] OF CONNECTICUT. 193 

town of Norwalk, and order that he be commissioned accord- 
ingly- 

This Assembly do establish and confirm Mr. Samuel 
Addams to be Ensign of the second company or trainband in 
the 11th regiment in tliis Colony, and order that he be com 
missioned accordingly. 

This Assembly do establish and confirm Mr. Stephen 
Covell to be Lieutenant of the fourth company or trainband in 
the 11th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Benjamin Ca- 
dey to be Ensign of the 4th company or trainband in the 11th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel Dan- 
ielson to be Captain of the company or trainband in the 1st 
or south society in Killingly, and order that he be commission- 
ed accordingly. 

This Assembly do establish and confirm Mr. Eleazer Warren 
to be Lieutenant of the company or trainband in the 1st or 
south society in Killingly, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Silas Hutchins 
to be Ensign of the company or trainband in tlie first or 
south society in Killingly, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Aaron Eliott 
to be Ensign of the 1th company or trainband in the 7th regi- 
ment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Hulls 
to be Lieutenant of the 1st company or trainband in the town 
of Derby, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Hide to 
be Caj tain of the 3d company or trainband in the town of 
Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Ephraim 
Kingsbury to be Lieutenant of the 3d company or trainband 
in the town of Norwich, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Peck 
to be Ensign of the 3d company or trainband in the town of 
Norwich, and order that he be commissioned accordingly. 

25 



194 PUBLIC RECORDS [May, 

This Assembly do establish and confirm Mr. Caleb Ailing 
to be Lieutenant of the first company or trainl)and in the 
town of New Haven, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. James Peckjun"". 
to be Ensign of the first company or trainband in the town of 
New Haven, and order that he be commissioned accordingly. 

[347] This Assembly do establish and confirm Mr. Joseph 
Ranney to be Captain of the 5th company or trainband in the 
6th regiment in this Colony, and order that he be commission- 
ed accordingly. 

This Assembly do establish and confirm Mr. Joseph Savage 
to be Lieutenant of the 5th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Benjamin But- 
ler to be Ensign of the 5th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Henry Peck 
to be Lieutenant of the westermost company or trainband in 
the town of Milford, and order that he be commissioned ac- 
cordingly. ' 

This Assembly do establish and confirm Mr. Theophilus 
Miles to be Ensign of the westermost company or trainband 
in the town of Milford, and order that he be commissioned 
accordingly. 

This Assembly do estalilish and confirm Mr. Abraham 
Brooks, of Haddam, to be Lieutenant of the 11th company or 
trainband in the 7th regiment in this Colony, and order that 
he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Hubbard 
to be Ensign of the 11th company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Mathew Bene- 
dict to be Captain of the company or trainband in the town 
of Ridgefield, and order that he be commissioned accordingly. 

This Assembly do establish and* confirm Mr. Joseph Hawley 
to be Lieutenant of the company or trainband in the town of 
Ridgefield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jonah Smith 
to be Ensign of the company or trainband in the town of 
Ridgefield, and order that he be commissioned accordingly. 



1746.] OF CONNECTICUT. 195 

This Assembly do establish and confirm Mr. Benjamin 
Lothrop to be Captain of the Troop in the 3d regiment in this 
Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Hntchins 
to be Lieutenant of the Troop in the 3d regiment in this Colo- 
ny, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Ebenezer 
Hartshorn to be Cornet of the Troop in the 3d regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Carew 
to be Quarter-Master of the Troop in the 3d regiment in this 
Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Mix to 
be Lieutenant of the 5th company or trainband in the town 
of Norwich, and order that he be commissioned accordingly. 
This Assembly do establish and confirm Mr. Joseph Williams 
junr. to be Ensign of the 5th company or trainband in the 
town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel Gordon 
to be Lieutenant of the first company or trainband in the 
town of Voluntown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nathaniel Gil- 
bert to be Captain of the '. th company or trainband in the 5th 
regiment, and order that he be commissioned accordingly. 

Tliis Assembly do establish and confirm Mr. Samuel Rust 
to be Lieutenant of the 9th company or trainband in the 5th 
regiment in this Colony, and order that he be commissit»ned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan Porter 
to be Ensign of the 9th company or trainband in the 5th reg- 
iment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do appoint Thomas Welles, John Chester, 
Henry Allyn, Jabez Hamlin, Esq'^, to be Justices of the Peace 
and Quorum in and for the county of Hartford the year ensuing. 

This Assembly do appoint David Goodrich, Joseph Bucking- 
ham, Joseph Talcott, George Wyllys, Roger Wolcott jun""., 
Edward Bulkley, Giles Hall, Joseph White, Thomas Johnson, 
William Wadsworth, Thomas Hart, Jolin Hart, Asahel Strong, 
JohnHumphrey, Joseph Wilcoxson, 2d, Jonathan Hale, Heze- 
kiah Brainerd, Jabez Chapman, Nathaniel Foot, Epaphras Lord, 
Benjamin Skinner, Joseph Phelps, Thomas Pitkin, Zebulon 



196 PUBLIC RECORDS [May, 

West, Ebenezer Marsh, Timothy Hatch, George Holloway, 
David Whitney, John Beach, Ebenezer Lyman, Isaac Kellogg, 
Joseph Bird, Stephen Horsmer, jun'"., Thomas Hart, Samuel 
Dimmock, William Wolcott,jun'"., Daniel Bissell, Seth Wet- 
more, EsqJ's, to be Justices of the Peace in and for the county 
of Hartford the year ensuing. 

[348] This Assembly do establish and confirm Mr. Joshua 
Hutchins to be Captain of the fourth company or trainband 
in the town of Norwich, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Perkins 
to be Lieutenant of the fourth company or trainband in the 
town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jacob Perkins 
to be Ensign of the fourth company or trainband in the town 
of Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Holmes 
to be Lieutenant of the sixth company or trainband in Ston- 
ingtown, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Hooker 
to be Lieutenant of the first company or trainband in the 
town of Parmingtown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. William Wads- 
worth jun^ to be Ensign of the 1st company or trainband in 
the town of Parmingtown, and order that he be commissioned 
accordingly. 

Tlvs Assembly do establish and confirm Mr. Thomas Hea- 
cock to be Captain of the first company or trainband in Water- 
bury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. William Sco- 
vel to be Lieutenant of the first company or trainband in 
Waterbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Arnold to be Ensign of the first company or trainband in 
Waterbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Come- 
stock to be Captain of the od company or trainband in the 
town of New London, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. David Copp to 
be Lieutenant of the Bd company or trainband in the town of 
New London, and order that he be commissioned accordingly. 



1746.] OF CONNECTICUT. 197 

This Assembly do establish and confirm Mr. Daniel Fitch to 
be Ensign of the 3d company or trainband in the town of 
New London, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Starr 
to be Captain of the first company or trainband in the town of 
New London, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Harris 
the 2d to be Ensign of the first company or trainband in the 
town of New London, and order that he be commissioned ac- 
cordingly. 

This Assembly do appoint John Griswould, Cluistopher 
Avery, Isaac Hnntington, and Jeremiah Miller, Esq""*, to be 
Justices of the Peace and Quorum in and for the county of 
New London the year ensuing. 

This Assembly do appoint Richard Lord, Joshua Hemp- 
stead, John Richards, Joshua Raymond, Daniel Coit, Stephen 
Lee, Jabez Hide, Samuel Lothrop, Humphrey Avery, Jedadiah 
Tracey, Nathaniel Brown, Samuel Morgan, John Whiting, 
Joseph Denison, Simeon Minor, Nathan Cheesbrough, Lulie 
Perkins, John Ledyard, Thomas Lee, Daniel Ely, Elisha Shel- 
den, Nathaniel Clark, Jedadiah Chapman, John TuUey, Abra- 
ham Pierson, John Lane, Daniel Huntington, Gurdon Salton- 
stall, Ebenezer Backus, Benjamin Gale, Ambrose Whittelsey, 
and Isaac Kelsey, to be Justices of the Peace in and for the 
county of New London for the year ensuing. 

This Assembly do appoint William Pitkin, Jonathan Trum- 
ble, Esqrs, Colo. Thomas Welles, Capt. Asahel Strong, Capt. 
Timothy Stone, Mr. Thomas Benedict, Colo. Christopher 
Avery, and Mr. James Bicknal, to be Auditors to audit the 
publick accounts with the Treasurer, and make report to the 
Assembly. 

It is resolved hy this Assembly, That all the souldiers or 
sailors that have arrived or shall arrive from Cape Breton in 
the Colony's service that have or shall fall so sick before they 
arrive at their several homes as that they become proper sub- 
jects of a hospital, shall be provided for at the cost of this 
Colony as if in a hospital, altho' carried and provided for 
at their own homes or elsewhere. All matters relating 
[349] hereto to be determined by the committee for taking care 
of the sick at New London, or the committee forpaying the 
souldiers wages at Hartford ; and for all such sums as shall by 
either of the said committees be judged reasonable to be al- 
lowed shall by the said committee for payment of wages be 
drawn for on the Colony Treasurer, and be by him paid ac- 
cordingly. 



198 PUBLIC RECORDS [May, 

Resolved hy this Assembly, That Colo. John Whiting be ap- 
pointed, and is hereby appointed, to take under his command 
all the officers and soiildiers now raised upon the present ex- 
igency, to relieve, guard and defend our frontier towns, and to 
pursue, attack and destroy any of the common enemy, and to 
draw off all or part of the force now sent up with him when 
he shall judge proper, and to make the necessary dispositions 
of the said officers and souldiers for the defence of our 
frontiers, and for the pursuit and annoyance of the enemy, 
and to attend the future orders of the Council of War, and 
that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Denison 
to be Lieutenant of the south company or trainband in the 
town of Lyme, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Richard Wait 
to be Ensign of the south company or trainband in the town 
of Lyme, and order that he be commissioned accordingly. 

This Assembly do advise and desire the Committee of War 
in the county of Hartford, immediately to order a fort to be 
built in the* northwesterly part of Salisbury, including the 
house of the Reverend Mr. Jonathan Lee, or of Mr. Thomas 
Bailis, as shall be thought best, in the same manner as the 
forts already ordered to be built by said committee. 

This Assembly do impower and direct Titus Hurlburt, Cap- 
tain of the Battery at New London, to inlist twenty volun- 
teers as souldiers under his command, for the taking care of 
and management of the said battery, and to hold themselves 
in readiness for said service at all times on half an hours 
warning, wliich he is to inlist in equal proportion out of the 
two military companies in the town plot in New London ; who 
being so inlisted and duly attending said service when called 
thereunto, shall be excused from other military duty and ser- 
vice, and shall be allowed wages for two days in each month 
during their continuance in the said service ; such exemption 
and wages to be allowed for five months only, beginning on 
the first of June next. 

An Act in Addition to an Act intituled An Act relating to the Bounds 
of ToTvns and particular Persons. 

Be it enacted hy the Governor^ Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That all actions that shall hereafter be brought for and con- 
cerning the non-perambulating bounds between towns and par- 
ticular persons shall be brought to the county court, and that 
there shall be the same liberty of appeals and reviews as in the 



1746.] OF CONNECTICUT. 199 

title of land ; any law, usage or custom to the contrary notwith- 
standing. 

An Act in Addition to the Law intituled An Act for the impowering of 

Persons to take Care of and improve Estates for 

the Support of the Ministry. 

Whereas in the last paragraph of said act respecting parts 
of societies made and constituted out of two or more adjoyn- 
ing towns, there is no particular direction given how such 
parts of societies shall from time to time warn their meetings : 
Therefore, 

Be it enacted hy the Grovernor, Council and Representatives^ 
in Ge7ieral Court assembled, and hy the authority of the same. 
That for the future the committee for the time being ap- 
pointed to take care of and improve the interests belonging 
to such part of societies, are impowered to warn such meet- 
ings and appoint time and place for that purpose ; and in case 
the said committee shall neglect or refuse to warn such meet- 
ings, that then any five of the inhabitants of such parts of 
societies making application to the clerk, desiring such meet- 
[350] ing II may be warned, the said clerk shall set up a 
warning in some proper place or places in such parts of socie- 
ties, therein appointing time and place of meeting, at which 
meetings the inhabitants of such parts of societies may pro- 
ceed to act in any matters proper for them to act in : pro- 
vided no such meeting be held within less than five days after 
warning given or set up as aforesaid, and that no. person be 
allowed to vote or act in such meeting that is not qualified to 
vote in society meetings, or that doth not belong to and pay 
towards the support of that ministry for the support and 
maintenance whereof the distinct interests belonging to such 
parts of societies have been or shall be granted, given or se- 
questered. 

And it is further enacted hy the authority aforesaid, That 
where any such parts of a society have not already formed 
themselves, they shall have liberty and are hereby directed to 
take the same method to form themselves as societies by law 
are directed to take ; any law, usage [or] custom to the con- 
trary in anywise notwithstanding. 

Upon the memorial of Capt. Titus Hurlburt, of New Lon- 
don, therein shewing that he had the care and charge of the 
battery and stores in said New London committed to him, 
with a commission therefor from this Assembly, all which he 
had faithfully performed, and that he had not had any con- 
sideration therefor for the space of three years last past, &c.: 
Granted by this Assembly, that there be paid out of the pub- 
lick treasury of this Colony unto the said Titus Hurlburt the 



200 PUBLIC RECORDS [May, 

sum of one hundred and twenty pounds old tenour, in full 
satisfaction for his service aforesaid. 

Upon the report of the committee of this Assembly for af- 
fixing a place for building a presbyterian meeting-house in the 
society of Ripton in the township of Stratford, reporting to 
this Assembly that they have set up a stake with stones about 
it at the north end of Acquanquage Plain, near where the 
school-house stands, near the side of the hill where the paths 
meet to go over the river : This Assembly do approve of the 
doings of said committee, and order that a meeting house by 
said society be built upon the place pitcht upon by the com- 
mittee. 

Upon the memorial of Nathaniel Kingsberry and others, 
living in the southern parts of the first and second societies 
in the town of Coventry, and others living at the north end 
of the second society of Lebanon and at the northeast part of 
Hebron, praying to this Assembly that they may be set off as 
a distinct ecclesiastical society, &c.: Resolved by this As- 
sembly, that Messrs. Joseph Talcott, Jonathan Hills, of Hart- 
ford, and Daniel Bissell, of Windsor, be a committee to re- 
pair to said place and notify all persons concerned, view the 
circumstances of the memorialists, and to make their report 
of their opinion in the premises to this Assembly in October 
next. 

Upon the memorial of John Baker, agent for the society or 
parish of Roxberry in the township of Woodberry, represent- 
ing the infant state of said parish and the burthensome 
charges the itihabitants of said parish are at in supporting the 
gospel ministry in the same, and that they are now beginning 
to build a meeting-house for the worship of God, &c., and 
praying that all the lands unimproved in said parish may be 
assessed for the furthering and finishing said meeting-house in 
said parish, &c.: Resolved and declared by this Assembly, 
that all the said unimproved lands lying in the said parish of 
Roxberry shall be assessed at six pence old tenour per acre for 
the space of four years, to commence next after the rising of 
this Assembly, to be collected and improved annually for the 
furthering and finishing of the said meeting-house in said 
parish ; and that Daniel Castle, one of the inhabitants of said 
society, is appointed and impowered to collect and deliver the 
same into the hands of the committee of said parish for the 
time being, to be improved for the purpose aforesaid. 

On the memorial of Monmouth Lownsberry and Sellick 
Holly, praying this Assembly for relief for two bonds for in- 
terest money, paid to the Treasurer thro' mistake : Resolved 



1746.] OF CONNECTICUT. 201 

by this Assembly, that the Treasurer of this Colony pay to 
the said Monmouth Lownsberry the sum of one pound sixteen 
shillings and five pence in silver money at eight shillings 
per ounce, and to the said Sellick Holly the sum of twenty- 
four shillings and four pence like money, out of the treasury 
of this Colony. 

[351] On the memorial of John Woodworth, of Norwich, 
shewing to this Assembly that in the expedition at Cape Bre- 
ton he received a shot, by which he has lost one of his eyes, 
which occasioned great loss of time, costs and damages to him, 
praying for relief : Resolved by this Assembly, that seventy 
pounds in bills of publick credit old tenour be paid out of 
the publick treasury of this Colony to the said John Wood- 
worth, in satisfaction for his charge of cure, loss of time, and 
damages. 

Upon the memorial of the inhabitants of the town of Tor- 
rington, shewing that by a lawful majority they had voted and 
declared it necessary to build a meeting-house in said town, 
&c.: Resolved by this Assembly, that Ebenezer Marsh and 
Joseph Bird, Esq""*, of Litchfield, and Nathaniel Baldwin, of 
Goshen, be, and they are hereby, appointed a committee to 
repair to said Torrington, and there having sufficiently 
viewed, and heard the said inhabitants touching the most 
suitable and convenient place to erect such house upon, they 
are thereupon to ascertain such place as by them shall be 
found best for said purpose, by erecting some sufficient monu- 
ment thereon ; and of such their doings to make report to 
this Assembly, either in their present sessions or sessions at 
New Haven in October next. 

Upon the memorial of John Warner, Jolin Sutlief and 
Joseph Clark, a committee for the society of Northberry in 
the town of Waterbury, praying that their collector may be 
authorized to gather the tax upon the unimproved lands in 
said society for building a meeting-house, as by the memorial 
on file : This Assembly do authorize and impower Caleb 
Humerstone, of said society, to collect and gather said tax. 

Upon the memorial of the first or middle society in the town of 
Killingly, praying to this Assembly for a committee to affix 
and state a place for said society to build a meeting-house on : 
This Assembly do appoint Mr. Penuel Doming, Capt. John 
Daniels, and Mr. Thomas Dresser, all of Pomfrett, a commit- 
tee to repair to said society, at the charge of the memorialists, 
and give publick notice to the inhabitants of said society, 
and view their circumstances, and hear all persons concerned 
in the premises, and affix and state a place for the said society 
26 



202 PUBLIC RECORDS [May, 

to build a meeting-house on, and to make report of their do- 
ings in the premises to this Assembly in their present sessions 
or at their sessions in October next. 

I Upon the memorial of Hannah Thompson, of New Haven in 
the county of New Haven, administratrix on the estate of Jo- 
seph Thompson, late of New Haven, deceased, representing to 
this Assembly that the debts due from the estate of said de- 
ceased surmounts the moveables the sum of £254 4s. lid.; 
praying this Assembly to grant liberty to sell so much of the 
real estate of the said deceased as is necessary to pay said 
debts and the charges arising on said sale, and to appoint some 
meet person to do the same : It is resolved by this Assembly, 
that Thomas Stephens, of said New Haven, be impowered to 
sell so much land of the said deceased as is necessary for the 
purposes aforesaid, taking the direction of the court of probate 
in the district of New Haven therein. 

Upon the memorial of Aaron Cook, Abel Munson, Stephen 
Todd, Merriman Munson, Enos Benham, Amos Johnson, Ben- 
jamin Cook, Samuel Negus and Caleb Culver, all inhabitants 
of the first society in Wallingford, shewing this Assembly that 
they are remote from the publick worship in said Wallingford 
and conveniently situate to the 3d society in Brandford, and 
praying that they with their estates might be annexed to the 
said 3d society in Brandford: Resolved by this Assembly, that 
the above memorialists be with their estates annexed to the 
said third society in Brandford, and they are hereby annexed 
to said society accordingly. 

Upon the memorial of Caleb Wheeler and Obadiah Wheeler, 
both of Woodberry in the county of Fairfield, administrators 
on the estate of Seth Wheeler, late of said Woodberry, de- 
ceased, representing to this Assembly that the debts due from 
the estate of said deceased surmount the personal estate the 
sum of £61 Is. 8d.; praying this Assembly to grant liberty to 
sell so much of the land of the deceased as to make the said 
sum of £61 7s. 8d. and the charges arising upon said sale: 
Whereupon it is resolved by this Assembly, that the prayer of 
the memorialists is granted, and that the memorialists and 
Mr. Samuel Sherman, of said, Woodberry, be impowered to 
sell so much land of the said deceased as is necessary for the 
purposes aforesaid, taking the direction of the court of probate 
in the district of Woodberry. 

[352] Whereas this Assembly, at their sessions in May 
last, upon the memorial of the inhabitants of New Cambridge, 
resolved that Capt. Giles Hall, Major Jabez Hamlin and Cap- 
tain Thomas Johnson, should be a committee impowered and 



1746.] OF CONNECTICUT. 203 

directed to repair to the said parish, to notice all persons con- 
cerned, view the circumstances of said parish, and affix the 
place for building a meeting-house, and report their doings to 
said Assembly in October last : but forasmuch as the said com- 
mittee did never make any report on the premises according 
to said act and directions therein given : It is therefore re- 
solved by this Assembly, that the same committee be again 
appointed, impowered and directed, to repair to said parish, 
first notifying all persons concerned, to view the circum- 
stances and affix the place for the building a meeting-house 
in the same, and make report of their doings to this Assembly 
in October next. 

Whereas the society of North Stratford by their memorial 
have represented to this Assembly their unhappy and divided 
circumstances, and that frequent applications have been made 
to the reverend association of the eastern district of the county 
of Fairfield, for their advice and directions in supplying the 
pulpit in said society with a gospel minister, and that their en- 
deavours have been attended with no success ; and thereupon 
praying to this Assembly for assistance and direction : and 
whereas this Assembly on consideration of the matters afore- 
said do apprehend the said difficulties have arisen rather from 
some different sentiments and misapprehensions which the 
parties concerned have had and conceived in those matters 
than any intention or design in any persons concerned therein 
to embarrass, the attempts of said society, and hoping that if 
mild and moderate measures be pursued the difficulties sub- 
sisting in said society may in a good measure subside ; and 
this Assembly having a tender regard to the welfare of said 
society, and greatly desirous that a good understanding may 
be promoted and maintained l)etween the reverend association 
aforesaid and that people, as well as among the 'members of 
said society ; and being at all times concerned to preserve and 
support our ecclesiastical constitution, do recommend to the 
said reverend association, as an expedient on their part in or- 
der to remove such difficulties as are subsisting in said society, 
to request the assistance and advice of such of their reverend 
brethren of some other association as they shall judge will be 
most serviceable in promoting the settlement of that unsettled 
people, when the said society shall apply for advice ; and do 
also recommend it to said society to endeavour to lay aside all 
animosities and uncbaritable and party spirits, and to unitedly 
pursue proper and regular methods for a peaceable settlement 
of a gospel minister among them; and, as an expedient to ac- 
complish said end, do appoint Ebenezer Silliman, Andrew 



204 PUBLIC RECORDS [May, 

Burr and Thaddeus Burr, Esqi's, or any two of them, a com- 
mittee to repair to said society, and by all proper ways and 
means to endeavour to restore peace, good order and unanim- 
ity among them, in order for their comfortable settlement of a 
gospel minister there ; which committee are directed to attend 
and assist in said affair on the invitation and at the cost of the 
memorialists. 

Upon the- memorial of Gideon Arnold, of Mansfield, admin- 
istrator on the estate of Mr. John Arnold, late of said Mans- 
field, deceased, representing to this Assembly that the debts 
against said estate surmount the moveable estate the sum of 
.£553 Os. 3c^., and praying for leave and authority to sell so 
much of the real estate of the said John Arnold as shall an- 
swer the said sum of <£553 0.s. 3c?. of debts, &c., as by the me- 
morial on file : This Assembly grants and orders, that so much 
of the real estate of the said John Arnold be sold as will an- 
swer the aforesaid sum of X553 Os. 3c?. with the incident 
charges, and that the same be sold by the said Gideon Arnold 
and Mr. John Porter of said Mansfield, by the advice of the 
court of probate of Windham county. 

Upon the memorial of John Clark, Ebenezer Clark and 
others, inhabitants of the third society in Midletown living in 
the eastermost part of said society, praying this Assembly that 
they with other inhabitants living in the eastermost part of said 
[353] society may be made a distinct ecclesiastical society, 
with such privileges as by law allowed : Resolved by this As- 
sembly, that the memorialists, with all the inhabitants that 
live in the bounds hereafter mentioned, be a distinct ecclesi- 
astical society, with such privileges as by law allowed to so- 
cieties in this Colony ; and the bounds and districts thereof 
shall be, (yiz:^ Beginning at the northeast corner of Midle- 
town bounds'next to Pine Swamp alias West Chester society, 
and from thence west to the rear of the long lots, then run- 
ning northerly by the rear of said lots to the great highway, 
then turning and running west by the said highway to a high- 
way that runs northerly by the hill called the great hill, then 
running in said highway to the end of said hill, then running 
on the top of the hill aforesaid until it intersects the three 
mile division, then running northerly by said division until it 
comes to Canfield's northwest corner, then east to Canfield's 
northeast corner, then running northerly by a highway to 
Glassenbury line, then east by Glassenbury bounds to Colches- 
ter bounds, then running southerly by Colchester bounds to 
said West Chester society bounds, then to the first mentioned 
corner ; and the said society shall be known by the name of 
East Hampton. 



1746.] OF CONNECTICUT. 205 

Upon the memorial of the inhabitants of the north end of 
Voluntown, extending as far south as the highway that comes 
from Providence to James Edmonds's mills and then westerly 
including the said James Edmonds and Mathew Patrick and 
Robert Thompson, praying this Assembly for liberty to hire 
an orthodox minister to preach to them four months in the 
year, {viz:') the months of December, January, February and 
March, with exemption from ministerial charge in the said 
town of Voluntown, for such term of time as they shall hire a 
minister among themselves in the months aforesaid : Resolved 
by this Assembly, that said inhabitants shall have liberty to 
hire an orthodox minister to preach among themselves for the 
future during the pleasure of this Assembly in the months 
abovesaid, with exemption from all ministerial charges in said 
Yoluntown for such term of time only as they shall so hire a 
minister as abovesaid. 

Upon the memorial of the inhabitants of Voluntown living 
south of Pauchauge River in said town, praying this Assem- 
bly for liberty to hire an orthodox minister to preach to them 
four months in the year, (viz:') tlie months of December, Jan- 
uary, February and March, witli exemption from ministerial 
charge in the said town of Voluntown for such term of time 
as they shall hire a minister among themselves in the months 
aforesaid : Resolved by this Assembly, that said inhabitants 
shall have liberty to hire an orthodox minister to preach 
amongst themselves for the future during tlie pleasure of this 
Assembly in the months abovesaid, with exemption from all 
ministerial charge in said Voluntown for such term of time 
only as they shall so hire a minister as aforesaid. 

Tliomas Stow, of Midletown, vs. James Evarts, of Guilford. 

The said Stow by his petition complained to this Court at their 
sessions in October last of a judgment given in favour of the said 
Stow against the said Evarts in the superior court held in Hart- 
ford on the first Tuesday of March, A. D. 174f , in regard the 
damages given in said case were too small, and alledged that in 
equity he ought to have of the said Evarts a much larger sum, 
and thereupon prayed for relief in equity in said case, and 
this Court, in October aforesaid, appointed a committee to en- 
quire into the matters in said petition and make report to this 
Assembly of what they should find, with their opinion thereon ; 
which committee having enquired into said matters made their 
report to this Court, wherein they report it as their opinion 
that in equity there is justly due from said Evarts, and that 
he ought to pay to the said Thomas Stow, the sum of three 
hundred and fifty-two pounds old currency ; and the parties 



206 PUBLIC RECORDS [May, 

by their counsel having been fully heard for and against the 
acceptance of said report : This Court do approve and accept 
of the said report, and do thereupon order and decree, that 
the said Thomas Stow shall recover of the said James Evarts, 
the said sum of three hundred and fifty-two pounds old cur- 
rency and his cost, taxed at , and that execution 
therefor be issued accordingly ; and the said judgment of the 
superior court shall be and is hereby set aside and made void. 

[354] Upon the memorial of Ebenezer Walbridge and 
Timothy Allyn and others, inhabitants of the northeasterly 
part of the second society in Norwich, setting forth their de- 
sire and the necessity that said society be set into two distinct 
societies, divided as that they may become one by and of 
themselves, &c., and pray a committee be appointed to enquire 
and report, <fec : Resolved by this Assembly, that Jonath" 
Truml)le, John Ledyard and Christopher Avery, Esq''% be and 
they are hereby appointed and impowered, on some convenient 
time by them to be assigned, to repair to said parish and to 
view, enquire and by all proper means to find out the truth of 
the matters in said memorial alledged, and thereof and of what 
they shall thereupon judge expedient and best to be done, to 
make report to this Assembly at their sessions at New Haven 
in October next, at the proper cost and charge of said memo- 
rialists. 

Upon the memorial of John Grover, of Coventry, administra- 
tor on the estate of Joseph Grover, late of said Coventry, de- 
ceased ,.she wing this Assembly that the debts due from the estate 
of said deceased surmounts the personal estate of the deceased 
the sum of <£94 4s. 3c^. old tenour money, and praying for 
liberty to sell land sufficient to pay said debts, <fec. : Granted 
by this Assembly liberty to the said administrator, to sell so 
much of the real estate of the said deceased, taking the advice 
of the court of probates in the county of Windham, as to 
enable him to pay said sum of £94 4s. 3c?. money as aforesaid, 
with the necessary charges arising thereon. 

Upon the memorial of Jonathan Hobby, administrator on 
the estate of Benjamin Hobby, late of Greenwich, deceased, 
shewing to this Assembly that the debts due from the said 
deceased's estate surmounts the personal estate of the deceased 
the sum of £220 19s. Sd. old currency, and praying for lib- 
erty to sell so much of the real estate of said deceased as 
shall answer the same : Resolved by this Assembly, that the 
memorialist have liberty to sell so much of the real estate of 
the said deceased as will be sufficient to answer the said X220 
19s. 8tl old currency, with the charges arising thereon ; and 



1746.] OF CONNECTICUT. 207 

the memorialist is hereby substituted and authorized to make 
sale thereof accordingly for the purposes aforesaid, taking the 
advice of the court of probate in the district of Stanford 
therein. 

Upon the memorial of Mrs. Eunice Backus, respecting the 
decease of her husband, the Rev^. Mr. Simon Backus, resid- 
ing at Louisbourg in quality of chaplain, &c., and the dis- 
tressed state of her family thereupon, &c., and praying relief: 
Resolved by this Assembly, that tlie memorialist have granted 
to her, for her and family's present subsistence, to be paid out 
of the publick treasury of this Colony, the sum of one hundred 
pounds in old tenour bills, and that the furtlier consideration 
of her said memorial be referred to the session of the General 
Assembly at New Haven, to be holden in October next. 

Upon the memorial of Samuel Gunn, of Milford, setting 
forth that he had some years past, for a certain sum in bills of 
credit received out of the publick treasury, mortgaged to the 
Governor and Company of this Colony a certain tract of land 
lying in the town of Litchfield, containing about sixty-five 
acres, being bounded upon a sixty-five acre lot which was 
mortgaged as abovesaid by Joseph Phimb, north on David 
Baldwin's land in part and part by James Mitchell's land, east 
on the highway, and west on Bantam River, which mortgage 
was defeasible by the said Gun's paying a certain sum in 
money in the said instrument mentioned, which money the 
said Gunn, as is alledged by him in his said memorial, hath 
been paid to Mr. Daniel Edwards, who was appointed to sue 
out said mortgage : yet nevertheless, the said mortgage hav- 
ing been, by a mere mistake, delivered into the hands of Capt. 
Elihu Hall, wlio had since the said money was delivered unto the 
said Mr. Edwards at the county court holden at [New] Haven 
in the county of New Haven, in April last past, obtained for 
the Governor and Company a judgment against the said 
Gun for the land aforesaid ; and the said Gun now praying for 
relief in the premises : Whereupon it is enacted and declared 
by this Assembly, that the said judgment, obtained as afore- 
[355] said, is hereby reversed and made void, and that || upon 
the said Gun's paying unto the Treasurer of this Colony the 
full sum for which said land was mortgaged, with lawful in- 
terest which shall be due thereon at time of payment, the 
same shall be released unto the said Gun, his heirs and 
assigns, in manner and form as is provided by this Assembly 
in like cases. 

Upon the memorial of Ebenezer Gridley and Elizabeth 
Orviss, administrators on the estate of Charles Orviss, de- 



208 PUBLIC RECORDS [May, 

ceased, shewing to this Assembly that the debts due from 
said estate surmount the moveables more than the land already 
sold the sum of £9 4s. Sd. old tenour, praying for liberty to 
sell sof much of the real estate of the deceased as may be 
sufficient to answer the aforesaid sum, with incident charges 
arising thereon : Resolved by this Assembly, that the memo- 
rialists have liberty, and they are hereby authorized and 
impowered, to make sale of so much of the real estate as 
aforesaid as may be sufficient to pay the said sum of <£9 4s. 3<:^. 
with the incident charges arising thereon, taking the advice 
of the court of probates in the district of Hartfo]:d therein. 

Upon the memorial of Justus Bush, of Greenwich, admin- 
istrator on the estate of Nathaniel Warden, late of said Green- 
wich, deceased, shewing that the debts surmount the personal 
estate of said deceased the sum of £88 4s. ll^d. old 
currency, and praying for liberty to sell so much of the 
real estate of said deceased as will answer the same, &g. : 
Resolved by this Assembly, that the memorialists have liberty 
to sell so much of the real estate of said deceased as will be 
sufficient to answer the said <£88 4s. ll^d. old currency, with 
the charges arising thereon ; and the memorialist is hereby 
authorized and substituted to make sale thereof accordingly, 
for the purpose aforesaid, taking the direction of the court of 
probates in and for the district of Standford therein. 

Upon the petition of John Palmer junf., and Samuel 
Palmer, both of Windsor, representing that Daniel Filley, of 
Windsor, brought his action before the county court at Hart- 
ford in November last, against the petitioners together with 
one Jacob Phelps, of said Windsor, demanding .£500 Os. 0^. 
by him alledged to be due on one certain promissory note in 
his writ mentioned and counted upon, and that at the date of 
said note were subsisting sundry controversies between the 
defendants in said action, severally, and tlie said Filley, which 
to issue they submitted to certain referees, who thereupon 
arbitrated and gave up their award, which also they had in all 
points fulfilled, and that said note was an escrow made and 
into the hands of said arbitrators committed to hold and dis- 
pose of, so as to bind the then defendants to fulfil said award, 
and for no other purpose ; and that, their fulfilment notwith- 
standing, the said note had by means to them unknown gotten 
into the liands of said Filley, and so was not their act and 
deed ; and that the said Filley in his reply, owning and con- 
ceding the matters by the defendants alledged to have been 
controverted, submitted, awarded upon and fulfilled, further 
alledged that, over and above the said matters in the defend- 



1746.] OP CONNECTICUT. 209 

ant's plea mentioned, the said controversy, submission, arbi- 
tration and award did particularly include one certain matter of 
difference between said Filley and said Samuel Palmer and Jacob 
Phelps, respecting an action then in the law in the county of 
Hampshire, by said Samuel Palmer and said Phelps prosecuted 
against said Filley on a bond by him executed to one Samuel 
Raymond, and that said arbitrators thereon awarded that the 
defendants, nor either of them, should prosecute the said 
action any further ; also a.lledging that they did fail to fulfil 
said award in that point, viz : so far as the same did respect 
the discharging said bond or the not prosecuting the said 
action thereon, and that the defendants, then not supposing 
nor understanding said particular matter to have been so sub- 
mitted and awarded, went to issue and tryal with said Filley 
thereon, and that the same was found by verdict and judg- 
ment by said court therein rendered against them for the sum 
of <£500 Os. 0(7. demanded; that from the said breach by the 
said Filley alledged and tryed and found, said Filley doth not 
appear to have suffered any considerable damage by any of 
the defendants, or if so, yet not by the petitioners, or either 
of them, who had each of them fulfilled everything by them 
submitted and against them awarded ; and thereupon praying 
a committee may be appointed to inquire of the damage by 
[356] said Filley || sustained by the breach and failure afore- 
said of the said defendants, or either of them, and of what 
they shall find to be right for the said defendants, or either 
in favour of said Filley to do or suffer, to make report, &c. : 
Resolved by this Assembly, that Jont'i. Trumble, Esq""., of 
Lebanon, John Chester, Esq""., of Weathersfield, and Jabez 
Hamlin, Esq'., of Midletown, be and they hereby are appointed 
and impowered as commissioners, by all lawful and reasonable 
means to make enquiry of the damages or wrongs by said 
Filley, by the breach and failure abovesaid, suffered or likely 
by him to be suffered by occasion thereof, and of what they 
find, and find just and reasonable by the said defendants, or 
any or either of them, to be done or suffered for or in favour of 
said Filley, or towards one another, to make their report to 
this Assembly in their sessions at New Haven in October next, 
and that execution on said judgment be suspended until the 
rising of said next Assembly. 

Upon the memorial of John Roberts, Josiah Smith, David 
May nerd and John Smith, and others, souldiers on board the 
Colony's sloop Defence in the late expedition against Cape 
Breton, for themselves and the rest of their fellow souldiers 
on board said sloop, representing that in the progress of said 

27 



210 PUBLIC RECORDS [May, 

expedition they landed at a place on said island of Cape Breton 
called St, Ann's and Scataree, and there took from the enemy 
plunder to a considerable value, and which having been since 
at New London by publick vendue sold, appear to amount in 
value to the sura of about X1200 old tenour ; that they always 
insisted and expected that the said plunder, or the moneys 
for which the same should sell, should be equally and without 
distinction divided to and amongst all the private souldiers 
and officers on board said sloop, each souldier and officer 
sharing therein alike ; that Capt. John Prentiss, then com- 
mander of said sloop, having gotten the whole of said money 
into his own hands, on pretext of their having then been and 
acted under the late royal proclamation touching the British 
navy, detains and withholds three eighth pai'ts thereof for him- 
self as captain, and for and in behalf of others in commission 
under him, in proportion as in and by said proclamation 
specified, to the great wrong and grievance of the memorial- 
ists ; and thereupon praying relief in the premises, and that 
they may be allowed, ordered and enabled to share and obtain 
of said moneys or plunder parts and proportions equal and 
alike among themselves, and also equal to the part of their 
said captain and the several other officers on board said sloop, 
for the reasons in their memorial set forth : Resolved by this 
Assembly, that the said Capt. John Prentiss, and each and 
every of the other officers, souldiers, mariners and persons in 
what character or quality soever, on board or belonging to 
said sloop Defence in the expedition against Cape Breton, 
when the said plunder was taken, may and shall share and 
divide the said plunder, or the money for which the same hath 
been or shall be sold, equally and alike, without distinction. 
And it is furtlier resolved, that in case any of the said soul- 
diers, mariners or others on board said sloop allowed to share 
as abovesaid, shall have withholden from him or them by said 
Capt. Prentiss, or any other person, his or their (or any part 
of his or their) equal part or proportion stated and ascertained 
as abovesaid, it shall be lawful for him or them, or their heirs, 
executors, administrators, or legal representatives, from whom 
such share or shares shall be either wholly or in part withholden, 
either joyntly or severally to bring their action or actions of 
debt or detinue against him or them so withholding, and on 
proof thereof, in common course of law made, shall recover 
the same. 

Whereas his Grace the Duke of Newcastle, one of his Ma- 
jesty's pi'incipal Secretaries of State, has by his letter, dated 
Whitehall, April 9th, 1746, signified to the Governor and 



1746.] OF CONNECTICUT. 211 

[357] Company of this Colony, that his Majesty has ordered 
an expedition for the reduction of Canada, and that his 
Majesty's pleasure is, that this Colony should forthwith make 
the necessary dispositions for raising as many men as the 
shortness of the time will permit, to be imployed in conjunction 
with his Majesties regular forces on this important service : 

Resolved hy the Grovernor, Council and Representatives^ in 
Creneral Court assembled, That there be forthwith raised in 
this Colony six hundred able-bodied effective men, or more if 
they shall offer themselves, to be imployed in the service afore- 
said ; and for the encouragement of such men voluntarily to 
inlist themselves into the service aforesaid, that they shall be 
provided with cloathing, including a blanket for each man, and 
with a bed for every two men, and also with proper arms, and 
that each souldier who shall furnish himself with and appear 
in cloathing to the acceptance of his captain or chief military 
officer, and provide liimself a blanket, shall in consideration 
thereof be paid the sum of thirty pounds old tenour bills, or 
equivalent thereto in new tenour bills of credit, and each 
souldier who shall provide a good fire-lock to the acceptance 
of his captain or chief military officer, shall be paid for it the 
price that shall be set upon it by two persons under oath for 
that purpose ; and if they are not provided as aforesaid, the 
cloatliing and fire-lock shall be provided by the Colony, as 
well as other necessary arms and accoutrements. 

And this Assembly do appoint Jonathan Trumble, Esq^, 
and Hezekiah Huntington, Esq^, to provide, in the best and 
most reasonable manner, such good fire-locks, cutlasses, car- 
touch-boxes and belts as may be wanted for said service. 

That, as further encouragement to enlist into said service, 
it is resolved, that each souldier on his inlisting shall receive 
gratis the sum of ten pounds old tenour bills of credit, or 
equivalent in other bills. 

That his Honour the Governor be desired, and he is hereby 
desired, to issue forth proclamations to inform his Majesties 
subjects in this Colony of the encouragements his Majesty is 
graciously pleased to give, and the encouragements this gov- 
ernment have granted to such as shall enlist into said service, 
and also to give the proper beating orders, warrants and in- 
structions, to persons who shall be appointed to inlist the said 
volunteers. 

That the troops which shall be raised in this Colony shall be 
fully supplied with provisions, and each souldier be allowed half 
a pint of rum per day during the time they shall be subsisted by 
this government, and be transported to Louisbourg, and from 



212 PUBLIC RECORDS [May, 

thence to the place of action, and that they shall imbark at 
New London at or before the last of June next, if possible. 

That there shall be a suitable chaplain, a skilful pliysician 
and his first and second mate, to attend the said troops. 

And it is further resolved, That Andrew Surr, ThomaS 
Welles, Hezekiah Huntington, Gurdon Saltonstall, John Fow- 
ler and Jabez Hamlin, Esq"., be appointed, and they are 
hereby appointed, Commissaries, with full power by impressing, 
or otherwise, to provide sufficient transports for said troops 
and sufficient provisions at present for their subsistence five 
months from the time of their imbarkation, and also to pro- 
vide cloathing, beds and other necessaries for said troops, 
according to the tenour of this act. 

That, inasmuch as it is judged our Colony sloop, the De- 
fence, will be very much wanted to guard our coast, his Hon- 
our the Governor is desired to make application for a good 
and sufficient convoy in his Majesties pay, to guard our 
transports. 

That his Honour the Governor be desired, and he is hereby 
desired, to fill up and give such commissions as shall be sent 
him from his Majesty for that purpose, to such persons as this 
Assembly do appoint, or in case of failure of any of them,^ or 
want of more, or in case there be any occasion in conformity 
to such commissions to alter the method provided for by this 
Assembly, his Honour is desired to fill up and dispose of such 
commissions, in such method and to such other persons, as he 
shall judge proper, with the advice of the Committee of War 
in the county of New Haven. 

[368] And it is further resolved and enacted, That all other 
matters and things necessary to be performed, in order for the 
speedy raising and forwarding the troops to be raised in this 
Colony for the purpose aforesaid, and for their further subsist- 
ence, if need be, and are not particularly provided for by this 
Assembly, be referred to his Honour the Governor and Com- 
mittee of War aforesaid, who are hereby impowered to take 
all necessary care and give such necessary orders and instruc- 
tions from time to time as occasion may require, to get in 
readiness the said troops and for their subsistence during the 
said service, so far as shall be found proper and necessary for 
this Colony to do, in conformity to the contents of his Grace 
the Duke of Newcastle's aforesaid letter. And his Honour 
the Governor is desired, as soon as possible, to transmit to 
Rear-Admiral Warren at Louisbourg accounts directed to Lieut. 
General St. Clair, of what shall be done, as also an account of 
the arms and cloathing provided for the men that shall be 
raised, and the cost of them, requesting an allowance to be 



1746.] OF CONNECTICUT. 213 

made for the defraying that expence, and take care of such 
monies or bills as shall be paid or drawn for that purpose. 

And whereas it is likely that the troops to be raised in this 
government will be supplied with provisions by his Majesty as 
soon as they shall be joyned to the British troops, in wliich 
case a great part of the provisions sent from this government 
for the support of our troops will be spared and not expended : 
Therefore, 

Resolved hy this Assembly, That the commissary imployed 
by this government in the expedition shall make sale of all 
such provisions as shall not be expended among our forces, to 
the best advantage, and return the proceeds of such sale to 
this government. 

This Assembly do appoint Elisha Williams, Esq', to be Colo- 
nel of the regiment to be raised in this Colony for the expedi- 
tion against Canada, and Captain of the first company ; and 
Mr. Henry King First Lieutenant of the colonel's company ; 
Mr. Timothy Bigelow Second Lieutenant, and Mr. John 
Brown Ensign of said company. 

This Assembly do appoint Samuel Talcott, Esq"", to be 
Lieutenant Colonel of the regiment to be raised in this Colo- 
ny for the expedition against Canada, and Captain of the 2d 
company ; Mr. William Smithson First Lieutenant of the 
lieutenant colonel's company ; Mr. James Feck jun''. Second 
Lieutenant, and Mr. James Blakely Ensign of said company. 

This Assembly do appoint Israel Huit, Esq'" to be Major of 
the regiment to be raised in this Colony for the expedition 
against Canada, and Captain of the 3d company; Mr. Jona- 
than Reed First Lieutenant of the major's company ; Mr. 
Thomas Leeds Second Lieutenant, and Mr. Daniel Redfield 
Ensign of said company. 

This Assembly do appoint Mr. James Church to be Captain 
of the fourth company in the regiment to be raised in this 
Colony for the expedition against Canada ; Mr. John Wareliam 
Strong First Lieutenant ; Mr. John Patterson Second Lieuten- 
ant, and Mr. Jacob Ford Ensign of said company. 

This Assembly do appoint Mr. Josiah Starr to be Captain 
of the fifth company in the regiment to be raised in this 
Colony for the expedition against Canada ; Mr. Hezekiah 
Treadwell First Lieutenant ; Mr. Daniel Belden Second 
Lieutenant, and Mr. Coe Hinmau Ensign of said company. 

This Assembly do appoint Mr. Benjamin Lee to be Captain 
of the sixth company in the regiment to be raised in this 
Colony for the expedition against Canada ; Mr. Henry Cleave- 



214 PUBLIC RECOEDS [May, 

land First Lieutenant ; Mr. Ichabod Robinson Second Lieuten- 
ant, and Mr. John Huntington Ensign of said company. 

[359] Be it enacted hy the G-overnor, Council and Represen- 
tatives, in General Court assembled, and hy the authority of the 
same, That all such able-bodied effective men as shall volunta- 
rily inlist themselves as souldiers to serve in the intended 
expedition against his Majesties enemies at Canada, shall 
have liberty to proceed in the same, and no such person, nor 
any officer engaged in said expedition under commission or 
warrant for that purpose, shall be liable to be arrested and 
stopped by any process in any civil action taken out against 
him after the time of his inlisting or receiving commission for 
that purpose, unless the debt, duty or damage in demand ex- 
ceed the sum of fifty pounds old tenour bills ; and that no 
person sliall have any writ of attachment or arrest against 
any inhabitant of this government in any civil action signed 
by authority, unless the person taking out such writ shall make 
affidavit before some assistant or justice of tlie peace that, 
according to his best judgment, the debt, duty or damage in 
demand is of more value than fifty pounds as aforesaid, and 
that the same is justly due, and that the same was due upon 
contract or otherwise before the inlistment, and that such 
affidavit be endorsed on such writ by the authority signing 
the same, and that the same be done before such writ be 
granted out ; nor shall any such person be taken and held by 
any execution on any judgment of court for debt or damages, 
unless the sum in demand shall exceed the sum of fifty 
pounds as aforesaid. This act to continue of force until the 
session of this Assembly in October next, and no longer. 

Resolved hy this Assembly, That the Honourable Roger Wol- 
cott, Esq"", and Jonathan Trumble, Esq% be appointed, and 
they are hereby appointed and desired, speedily to go to 
Boston and consult and advise with his Excellency Governor 
Shirley about the needful preparations for the comfortable 
subsistence of the forces to be raised in this Colony for the 
expedition to Canada, and their being convoyed to the place 
of rendezvous, and all other things needful for promoting said 
expedition, and report upon their return to his Honour the 
Governor of their consultations and conclusions in the affair. 

This Assembly do appoint Colo. Thomas Wells, Colo. 
Hezekiah Huntington, Colo. Gurdon Saltonstall, Colo. Andrew 
Burr, Capt. John Fowler and Major. Jabez Hamlin, Commis- 
saries to make all necessary preparations for the fitting out 
and setting forth the troops now to be raised in this Colony 
for his Majesties service in the expedition against Canada. 



1746.] OP CONNECTICUT. 215 

Resolved hy this Assembly^ That the Committee of War at 
Hartford, or any three of them, be and are hereby impowered 
to draw orders on the Treasurer of the Colony for the pay- 
ment of such sum or sums as they shall from time to time 
judge necessary for the commissaries to receive, in order for 
their doing of the service of the present expedition against 
Canada, assigned them ; and the commissaries are to lay their 
accounts before this Assembly in October next. 

Resolved hy this Assembly, That the Committee of War at 
Hartford be directed, and they are hereby directed, to deliver 
to any of the field officers or other commission officers who 
shall apply to them therefor, such sums of money as said 
Committee shall think may be proper, to purchase a regiment- 
al dress becoming their respective stations : provided all such 
officers shall give proper security to this government that, in 
case his Majesty shall not repay to the Colony for said cloath- 
ing, they will return to the- Treasurer the sums by each of 
them received for the purpose aforesaid. 

Resolved hy this Assembly, That all the small arms and all 
other war-like accoutrements that were impressed or otherways 
procured at the cost of this government and improved in the 
expedition to Cape Breton, which the owners have not received, 
shall be paid for by this Colony, according to tiieir apprizement; 
[360] and the committee for adjusting the accounts || at 
Hartford are hereby directed to give orders on the Treasurer 
of this Colony, for the payment of such sum or sums as are 
due to any person or persons to whom such arms <fec. did 
belong, upon his or their making it appear to the satisfaction 
of the said committee that they have not had such arms <fec. 
returned to them ; and that the Secretary of this Colony is 
hereby directed to transmit the accounts of the apprizements 
of such arms &c. into the hands of the said committee, that 
they may be under advantage to give their orders accordingly. 

This Assembly do appoint Colo. Thomas Fitch and Colo- 
nel Andrew Burr to be added to the Committee of War in the 
county of New Haven, appointed to assist his Honour the 
Governor in the affairs relating to the war referred, or that 
may by this Assembly be referred, to said committee ; and 
that any three of the said committee shall be allowed to act 
in any of the matters aforesaid. 

Resolved hy this Assembly, That the Committee of War at 
Milford do give orders to the commissaries to provide and 
procure what they shall think proper for the comfortable sub- 
sistence of the chaplain in the expedition against Canada. 

This Assembly grants unto the chaplain that shall be im- 



« 



216 PUBLIC RECORDS [May, 

proved in the expedition ordered to be made against Canada, 
the sum of fifty pounds old tenour per each kalendar month. 

This Assembly grants unto the physician and chirurgeon 
that shall be improved in the expedition ordered to be made 
against Canada, the sum of forty-five pounds old tenour per 
each kalendar month. 

This Assembly grants unto the physician and chirurgeon's 
first mate to be improved in the expedition against Canada, 
the sum of thirty pounds old tenour per kalendar month. 

This Assembly grants unto the physician and chirurgeon's 
second mate to be improved in the expedition against Canada, 
the sum of twenty-five pounds old tenour per kalendar month. 

Resolved hy this Assembly^ That his Honour the Governor, 
with the advice of his Council, be, and he is hereby, desired 
to issue out proclamations for the keeping days of Fasting and 
Prayer to Almighty God, for his protection, blessing and as- 
sistance in the expedition that his Majesty has now undertaken 
against Canada. 

An Act for the Appointment of Commissioners to meet -witli Commis- 
sioners from tlie other Governments to concert Measures for 
carrying on the War. 

This Assembly appreiiending it to be a matter of very great 
importance that the British governments on the continent 
unite in measures for carrying on the present war, and well 
approving the motion made by some of the other governments 
for a meethig of commissioners to concert measures for that 
purpose, do resolve that Commissioners be appointed for that 
end. 

And this Assembly do hereby appoint the Honourable Ro- 
ger Wolcott, Esq>", Thomas Pitch, Esq"", and Benjamin Hall, 
Esq"", or any two of them, Commissioners, who are hereby fully 
authorized and impowered, for and in behalf of this govern- 
ment, to meet and treat with commissioners of his Majesties 
other governments on the continent, or such of them as shall 
appoint and send commissioners for that purpose, and with 
them in such meeting to concert measures for our mutual se- 
curity, defence and conduct during the present war. And the 
said Commissioners hereby appointed are directed to make re- 
port of such measures as shall be come into at such meeting 
[861] II to the Governor and Council of this Colony, who, upon 
approving the same, are hereby authorized and fully impower- 
ed to put them in execution, in whole or in part, as they shall 
judge proper, so far as relates to or concerns this Colony, un- 
less they shall judge the matters to be of such nature and 
weight as to make it necessary for the calling the Assembly. 
And his Honour the Governor is desired to write to their Ex- 



1746.] OF CONNECTICUT. 217 

cellencies the Governors of the Provinces of New York and 
Massachusets Bay, acquainting them of the resolutions of this 
Assembly, moving tliem to forward the meeting of the Com- 
missioners aforesaid. 

Resolved by the Grovernor, Council and Representatives, in 
Greneral Court assembled, Tliat Eliakim Palmer, Esq"", our 
Agent at the Court of Great Britain, do, in the name and be- 
half of the Governor and Company of this Colony, make ap- 
plication, in some proper and suitable method, to his Majesty 
in Council, or to the Parliament of Great Britain, or to such 
office or offices as may be most proper, in order to obtain re- 
lief in favour of this Colony under the heavy burthens occa- 
sioned by the expedition against Cape Breton and the garri- 
soning at Louisbourg, by a reimbursement of the charges and 
expences this Colony has paid and stand engaged for. And 
his Honour the Governor of this Colony is desired to transmit 
to our Agent duplicates, and triplicates if need be, of the ac- 
counts of said charge and expences, give him proper informa- 
tion and directions for the management of the said matter, 
and press him to be solicitous therein, and also to transmit to 
him a copy of this act. 

An Act for emitting Bills of Credit. 

Be it enacted by the Governor, Council and Represeyitatives, in 
Cieneral Court assembled, and by the authority of the same, 
That there be forthwith struck a certain number of bills of 
credit on this Colony, new tenour, on the new plates, from three 
pounds to one shilling, which in the whole shall amount to the 
sum of twenty thousand pounds, and no more, with the addi- 
tional date of this Assembly, and to be signed by the commit- 
tee appointed for signing the bills of credit of this Colony, or any 
three of them, and by them put into the hands of the Treasurer 
of this Colony, taking his receipt for the same; and the Treas- 
urer is herelDy ordered to pay out the same, to answer the 
debts of this Colony, agreeable to such orders as shall be given 
to him from time to time according to law. 

And, as a fund and security for the repayment and drawing 
in the said bills into the treasury again, this Assembly grants 
a tax or rate of twenty-one thousand pounds, to be raised on 
the polls and rateable estate of this Colony, and to be paid 
into the treasury of this Colony, by the first day of May anno 
Bom. 175-i, to be paid in bills of credit of this Colony, or in 
silver money as it generally passe th in the Colony at the time of 
payment. 

An Act for emitting Bills of Credit. 
Be it enacted by the Governor, Cou7icil and Representatives, in 
General Court assembled, and by the authority of the same, 
28 



218 PUBLIC RECORDS [May, 

That there be forthwith struck a certain number of bills of 
credit on this Colony, (on the old plate,) from five shillings 
to two shillings, which in the whole shall amount to the sum 
of three thousand pounds, and no more, (with the additional 
date of this Assembly,) and to ))e signed by the committee 
appointed for signing the bills of credit of this Colony, and by 
them put into the hands of the Treasurer of this Colony, tak- 
ing his receipt for the same ; and the Treasurer is hereby or- 
dered to pay out the same to answer the debts of this Colony, 
agreeable to such orders as shall be given to him from time to 
time according to law. 

And, as a fund and security for the repayment and drawing 
in of the said bills into the treasury again, this Assembly 
grants a tax or rate of three thousand one hundred and fifty 
pounds, to be raised on the polls and rateable estate of this 
Colony, and to be paid into the treasury of this Colony, by the 
first day of May in the year 1754, to be paid in bills of credit 
of this Colony, or in silver money as it generally passeth in the 
Colony at the time of payment. 

[362] An Act in Addition to the Law of this Colony entituled An Act 
directing ho-w Persons shall be qualified to vote in Soci- 
ety Meetings. 

Whereas there are many persons in this Colony who, by rea- 
son of their dissenting from the way of worship and the min- 
istry of the Presbyterian, Congregational or Consociated 
churches of this government, are exempted from the payment 
of taxes granted for the maintenance and support of the wor- 
ship and ministry of the said churches : And whereas, although 
such exempt persons ought not to vote respecting the mainte- 
nance and support aforesaid, yet, there being no express direc- 
tion in the law prohibiting them from voting in those matters, 
some persons, exempted as aforesaid, have adventured to vote 
and act therein : Which for the future to prevent, 

JBe it enacted by the G-overnor^ Council and Mepresefitatives, in 
Greneral Court assembled^ and by the authority of the same, 
That no person who is, or hereafter shall be, by the laws of 
this government freed or exempted from the payment of those 
taxes granted by any town or society for the maintenance and 
support of the worship and ministry aforesaid, and for the 
building of meeting-houses for such worship, on account or by 
reason of his dissenting from the way of worship and ministry 
aforesaid, shall be allowed or admitted to act or vote in any 
town or society meeting in those acts or votes which respect or 
relate unto the matters aforesaid, nor in the choice of any 
officers necessary to be appointed for the management of or 
carrying on the affairs aforesaid ; and the acts and votes of 
such town and society meetings respecting the matters afore- 



1746.] OP CONNECTICUT. 219 

said, made and passed without computing the votes of such 

exempt persons, shall be deemed and accounted the acts and 

votes of such town and society, any law, usage or custom to 

the contrary in any wise notwithstanding. 

An Act in finrther Addition to an Act entituled An Act for High-ways, 
Page 50, Page 468. * 

Be it enacted by the Governor^ Council and Representatives^ in 
General Court assembled^ and by the authority of the same, 
That if any person obliged by law to work in highways, and 
be thereunto lawfully warned, shall refuse or neglect to attend 
such service according to the warning given, he shall forfeit 
for every days neglect eight shillings old tenour for a person, 
and twenty shillings old tenour for a man and team, which 
forfeitures shall be recovered and improved as in said act is 
provided ; any law, usage or custom to the contrary notwith- 
standing. 

An Act for regulating the Sheriffs' and Constables' Fees. 
Be it enacted by the Governor, Council and JRepres'entatives, in 
General Court assembled, and by the authority of the same. 
That the sheriffs and constables within this Colony shall be al- 
lowed to take and receive for their fees for levying every exe- 
cution not exceeding twenty pounds, eight shillings and no 
more ; and for every execution exceeding twenty pounds and 
not exceeding forty pounds, twelve shillings ; and for every 
execution exceeding forty pounds and not exceeding eighty 
pounds, twenty shillings ; and for every execution exceeding- 
eighty pounds and not exceeding one hundred and sixty pounds, 
thirty shillings ; and for every greater sum they shall be al- 
lowed to take and receive two shillings for every twenty pounds 
levyed over and above the sum of one hundred and sixty 
pounds ; the said fees to be taken in the same currency for 
which the execution is ; and that the sheriffs shall be allowed 
for their attendance on the several courts in this Colony six- 
teen shillings per diem. 

An Act for the Enlarging of Constables' Fees for their Attendance on 
the several Courts. 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That the constables' fees for attendance on the General Assem- 
bly and on juries at the superior and county courts shall be 
fourteen shillings old tQwoxxc per d'leyn; any law, usage or cus- 
tom to the contrary notwithstanding. 

This Assembly do establish and confirm Mr. John Viets to 
be Captain of the 4th company or trainband in the town of 
Symsbiiry, and order that he be commissioned accordingly. 

* The act to which this is in addition was passed May, 1739. Vol. VIII, 230. 



220 tuBLic RECORDS [May, 

[3631 An Act stating' the Fare of the Ferry called Smith's Ferry, be- 
tween the Towns of Weathersfleld and Glassenbury. 

Be it enacted hy the Governor, Council and Representatives, 

in General Court assembled, and hy the authority of the same, 

That tlie fare of said ferry for the time to come shall be nine 

pence for man, horse and load, and for single man or horse 

four pence, all money of the old tenour. 

The Additions to the Lists of Estate of the several Towns in this Govern- 
ment hereafter mentioned, sent in to this Assembly, 
are as follow, (viz:) 

Single Additions. Fourfold Assessments. 





£ 


s. 


d. 


£ 


8. 


d. 


To New Haven, 


2096 


5 


- 


1786 


16 


6 


To Windham, 


3453 


15 


9 


- 






To Haddam, 


115 


7 


6 - 


- 






To Bast Haddam, 


315 


3 





86 








To Woodberry, 


328 


7 


6 - 


- 






To Saybrook, 


666 


3 


6 


- 






To Brandford, 


199 


15 


- 


- 






To Norwich, 


404 


16 


6 


667 


6 





To Litchfield, 


269 


2 


- 


- 






To Durham, 


27 








- 






To Waterbury, 


179 


16 


- 


- 






To Lebanon, 


599 





6 


- 






To Farmingtown, 


676 


9 


- 


- 32 








To Stanford, 


1074 


7 


7 


340 








To Guilford, 


420 


6 


6 - 


- 85 


4 





To Norwalk, 


744 


3 


6 


176 








To Ridgfield, 


171 


18 


- 


- 






To Derby, 


91 


14 


6 


- 






To Colchester, 


35 


5 


- 


- Q4Q 


3 





To Canterbury, 


641 


16 


6 


108 








To Mansfield, 


182 


3 


- 


- 54 


8 





To Killingsworth, 


loo 


17 


6 


171 





11 


To Groton, 


127 


11 


- 


- 355 


10 





To Stoningtown, 


643 


6 





- 






To Preston, 


798 


16 


6 - 


-1474 


19 





To Coventry, 


40 


10 





38 








To Milford, 


177 


8 


4 - 


- 






To New London, 


383 








- 3104 








To Pomfrett, 


1262 


14 


- 


- 






To Fairfield, 


280 


15 


1 


- 1328 


14 





To Hartford, 


753 


19 


6 - 


- 753 


19 





To Weathersfleld, 


655 


15 


9 


- 






To Wallingford, 


1504 


18 


- 


- 






To Symsbury, 


1043 


16 





- 






To Lyme, 


1879 


14 


9 - 


- 731 


6 





To Plainfleld, 


55 


4 





158 









1746.] OF CONNECTICUT. 221 

Upon the report of Jonathan Huntington, Richard Hide 
and Ebenezer Hartshorn, the committee appointed on the re- 
quest of the towns of Stoningtown and Groton, to run and 
ascertain the bounds dividing between said towns, in which 
report they declare that the line dividing between said towns 
[364] ought to be as hereafter mentioned, (yi2!;)|| Beginning 
at the mouth of Mistick River at the sea, thence northward 
up by the main stream of said river to a pond westward of 
Lanthorn Hill, where the river runs out of said pond, thence 
crossing said pond north waid to a large heap of stones about 
a chestnut stump, a walnut staddle, markt on four sides, 
standing about four feet to the northward of said heap of 
stones, which is near the middle of said pond at the north end 
thereof; thence to run a direct line north nine degrees west 
five hundred and ninety-four rods to a large meer-stone by said 
committee erected, and stands on the east side of a hill and 
east twenty-seven rods and nineteen links from a large black 
oak tree marked with an heap of stones about it, and a rock on 
the north side said tree, markt, which meer-stone is as far 
northward as said Groton joyns to said Stoningtown, between 
which meer-stone and said chestnut stump in said line heaps 
of stones are by said committee erected in every eighty rods, 
which meer-stone is in a direct line from said chestnut stump 
to an ash tree fallen down, by a little brook, a rock being one 
rod northeastward from said tree marked S, and a rock one 
rod southwestward from said tree marked P, which tree was 
formerly marked with eight notches and called Stonington 
Eight Mile Tree : Resolved by this Assembly, that the said 
line as above described, beginning at the mouth of Mistick 
River at the sea and ending at the said meer-stone, shall be 
the divident line between the said towns of Stoningtown and 
Groton for the future. 

On the memorial of James Fitch, representing that he served 
in the quality of a physician to the souldiers of this Colony 
garrison'd at Louisbourg the last winter, &c., praying lor 
allowance : Ordered by this Assembly, that the Treasurer of 
this Colony shall pay out of the treasury to said James Fitch 
the sum of thirty pounds old tenour for each kalendar month, 
to be computed from the ninth day of November last, being 
the time of his embarkation, until the eleventh day of May 
instant, the time of his return ; taking said Fitch's receipt 
therefor accordingly. 

Upon the memorial of Joseph Mills, Samuel Wilcox and 
others, inhabitants of the first society in Symsbury living west 
of the first ledge of the west mountain, representing that said 



222 PUBLIC RECORDS [May, 

first society by their vote had freed said inhabitants from pay- 
ing any rates or future charges towards the settling a minister 
or building a meeting-house in said first society, and that not- 
withstanding said society had rated them on their list of the year 
1744, to the amount of .£32 14s. 4cZ. in the whole, toward the set- 
tling of their minister, &c. ; also praying for liberty to hire an or- 
thodox minister to preach among them, &c. : Resolved and de- 
creed by this Assembly, that no person whatsoever appointed to 
collect said rate of said inhabitants shall collect the same, but 
they are hereby expressly inhibited collecting said rate. And it 
is further granted to said inhabitants living on the west side of 
said ledge, that they have liberty to hire an orthodox minister 
to preach among them, and during such time they shall so 
hire and improve an orthodox minister to preach, as aforesaid, 
they shall be freed from paying any rates to the first society 
in Symsbury aforesaid. 

Upon the memorial of Jacob Waring, of Standford, admin- 
istrator on the estate of Robert Mills, late of said Standford, 
deceased, shewing that the debts surmount the personal estate 
of said deceased the sum of eleven pounds nine shillings and 
eleven pence old currency, and praying for liberty to sell so 
much of the real estate of said deceased as will answer the 
same, &c. : Resolved by this Assembly, that the memorialists 
have liberty to sell so much of the real estate of said deceased 
as will be sufficient to answer the said £11 9s. lid. old cur- 
rency with the charges arising thereon ; and the memorialists 
are hereby authorized and substituted to make sale thereof ac- 
cord! ugly, for the purpose aforesaid, taking the direction of tlie 
court of probate in and for the district of Standford therein. 

[365] Upon the memorial of the inhabitants of the first or 
middle society in the town of Killingly, setting forth the vote of 
said society declaring the necessity of building a meeting- 
house in said society, and praying a committee to repair to said 
society, view and report, Messrs. John Daniels, Penuel Darn- 
ing and Thomas Dresser were now appointed a committee to 
that purpose, and accordingly now reported in the premises, 
as foUoweth, (viz :) After due warning given, to all the in- 
habitants in said society, upon the 26th and 27th days of May 
instant we repaired to said society and heard all persons at 
large, and upon the whole we affixed the place on the east 
side of the country road, right against Noah Leavinze's now 
dwelling house, where said Leavinze has given a deed of an 
acre of land for that use, where we have set down a stake, 
which is to be enclosed with the sills of said meeting-house ; 
as per said report on file appears : Whereupon it is resolved 



1746.] OP CONNECTTCUT. 223 

by this Assembly, that the place above by said committee in 
said report described and pitched upon shall be, and the same 
hereby is, fixed and stated for the place whereupon said meet- 
ing-house shall be erected. 

Upon the memorial of Bbenezer Smith, of Farmingtown, 
representing that during his absence and attending his Majes- 
ties service in the expedition to Cape Breton, one certain deed 
of mortgage by him to the Governor and Company of this Col- 
ony executed, of about thirty acres of land, bounded as in said 
deed, was sued out, and judgment by default therefor rendered 
at an adjourned county court at Hartford in June last, for said 
Governor and Company to recover of him, the said Smith, 
about thirty acres of land, which he also shews to have been 
so mortgaged for the sum of one luindred pounds ; and pray- 
ing further liberty to redeem his said land : Resolved by this 
Assembly, that on payment by the memorialist unto Mr. Dan- 
iel Edwards, attorney to the Governor and Company, to be 
made of the interest of said sum in said mortgage contained 
for one year next coming from the rising of this Assembly, 
with all the cost and charge, execution on said judgment be 
stayed during the term of one year ; and that if the memori- 
alist, on or before the expiration of said one year, shall also 
pay unto the said Daniel Edwards (committee for the county 
of Hartford to receive the same,) the full principal sum of 
said mortgage, with the interest thereon arisen from the time 
in which said money became payable to the time of said judg- 
ment, then and in such case he, the memorialist, shall have 
executed to him a deed of release of said land, to him to be ex- 
ecuted by the committee to such purpose appointed and im- 
powered. 

Whereas this Assembly, at their sessions in October, A. D. 
1745, did appoint Colo. Benjamin Hall, John Southmaid and 
Elihu Hall, Esq^s^ a committee to make sale of all the lands 
of Elisha Parker, of Wallingford in New Haven county, which 
he forfeited to this Colony for his uttering false and counter- 
feit bills : And whereas tlie said committee have made report 
to this Assembly that they have proceeded, and have sold all 
his lands that did belong to said Parker, and have taken two 
bonds, one for the payment of one hundred and three pounds 
current money of the old tenour, executed by Benjamin Gay- 
lord, of Farmingtown, one other for fifty-four pounds four 
shillings, executed by Isaac Parker, of Wallingford, payable 
to John Whiting, Esqi", Treasurer of this Colony, for the use 
of the Governor and Company of said Colony, at or before the 
15th of October next ; also _ shewing that they had expended 



224 PUBLIC RECORDS [May, 

X4 7s. 6c?. in the affair : Resolved by this Assembly, that Colo. 
Benjamin Hall, who has said bonds in his hands, deliver them 
into the hands of tlie Treasurer aforesaid and take his receipt 
for the same, and deliver the receipt into the hands of the Sec- 
retary of this Colony ; and the said Treasurer is hereby or- 
dered to pay unto said committee the sura of £4 7s. 6d. old 
tenour l)ills, for cost and charges of the sale of the land. 

Upon the memorial of the inhabitants of the north society 
in Guilford, complaining that the eastern bounds of the said 
society are uncertain, the said nortli society claiming to extend 
eastward near three-quarters of a mile further than where the 
first society alledge the eastern bounds to be, whereupon dis- 
putes have arisen ; and thereupon pi-aying for a committee to 
ascertain the same : Resolved, that Messrs. William Gould, 
Jonathan Russell and Robert Foot, all of Brandford, be ap- 
pointed, and they are hereby appointed, a committee, upon the 
cost of the memorialists, to repair to tlie said north society of 
Guilford, and view the circumstances of the lines in contro- 
versy, and report their opinion thereon to this Assembly in 
October next. 

[366] Upon the memorial of Elizabeth Perry, of Ashford, 
administratrix on the estate of Thomas Perry, late of Ashford, 
deceased, shewing to this Assembly that the said Thomas 
Perry was one of the borrowers of the last bank of loan money 
of this Colony, &c.; and praying that the time of payment of 
the money due on the first bond given for the payment of the 
said loan money may be lengthened out, &c.: Resolved by this 
Assembly, that the time of the payment of the money due on 
the said first bond be lengthned out for two years from the 
beginning of May instant ; and that the lawful interest for the 
whole money due on said bond from the time the said bond 
became due be paid. 

Upon the memorial of William House and Alpheus Gustin, 
of Glassenbury, administrators on the estate of Henry Goslee, 
deceased, shewing to this Assembly that the debts due from 
said estate surmount the personal estate the sum of £110 Is. 
\0d. old tenour ; praying for liberty to sell so much of tlie real 
estate of the said deceased as may be sufficient to answer the 
aforesaid sum with the incident charges arising thereon : Re- 
solved 1)y this Assembly, that the memorialists have liberty, 
and they are hereby authorized and impowered, to make sale 
of so much of tlie real estate as aforesaid as may be sufficient 
to pay the .said sum of XllO Is. lOd. with necessary charges 
arising thereon, taking the advice of the court of probate in 
the district of Hartford therein. 



1746.] OF CONNECTICUT. 225 

. Upon the memorial of the selectmen for the time being of 
Newtown in the county of Fairfield, setting forth that there 
are two brethren in said town, and the proper care and charge 
thereof, (v/2;) Thaddens Lyon and Phinehas Lyon, from their 
infancy very much destitute of rational powers in exercise, 
both of them by way of eminency non compos mentis ; that they 
have been for a long season lunatick and distracted, not 
the least prospect of their relief, being utterly uncapable of 
providing for themselves, their personal estate already spent, 
and no relations that will provide, or can by law be compelled 
to provide, for them ; and craving an act of this Assembly for 
the selling of about seventeen acres of land within the said 
township of Newtown, possessed by said Thaddeus and Plnne- 
has Lyon, as their proper estate, and that some suitable per- 
son or persons may be authorized to make sale of said land 
for the past support and future maintenance of said Thaddeus 
and Phinehas : This Assembly taking said memorial into con- 
sideration, grant the request of said selectmen, and appoint ■ 
the following persons of aforesaid Newtown, (viz:') Heth Peck, 
Joseph Botsford and John Lake, or either two of them, with 
full power and authority to make sale of said seventeen acres 
of land for the use abovesaid. 

Upon tlie memorial of Francis Whitmore, of Midletown in 
Hartford county, shewing to this Assembly that he mortgaged 
to the Governor a,nd Company of this Colony fifteen acres of 
land, situate in Midletown at a place called Moromus, for the 
consideration of sixty-seven pounds ten shillings, as per his 
deed of mortgage to said Governor and Company, dated April, 
1734, which said deed of mortgage was sued out and final 
judgment obtained at the superior court held at Hartford in 
March last, for the surrendry of said fifteen acres of land 
and cost of court ; praying that this Assembly on his paying 
said sum contained in the mortgage aforesaid, with the lawful 
interest of said sum since the mortgage was out, and the cost 
of court : Resolved by this Assembly, that on the said Whit- 
mores paying to Mr. Daniel Edwards, of Hartford, agent for 
said Governor and Company, said sums of money, that Na- 
thaniel Stanly, Esq"", and George Wyllys, Secretary of this Col- 
ony, in the name and behalf of the Governor and Company of 
this Colony, give to said Whitmore, his heirs, &c., a deed of 
release of said fifteen acres of land. 

Upon the memorial of Gideon Hun, of Weathersfield, rcpre- 

sentmg that he had bought of one David Griswould' a tract of 

land in the town of Farmingtown of forty-two acres, which at 

the time of the said purchase was under mortgage to this Col- 

29 



226 PUBLIC RECORDS [May, 

ony ; praying that the same may be released to him, the 
[367] said Gideon Hun : || Resolved by this Assembly, that 
said forty-two acres be released and secured to him, the said 
Gideon Hun, his heirs &c., upon his paying into the publick 
treasury of this Colony the sum of one hundred pounds in bills 
of credit of this Colony, and the interest thereof since the said 
mortgage became indefeazible, or so much thereof as yet re- 
mains unpaid, with the cost that has arisen in a suit brought 
on the mortgage aforesaid ; and Nathaniel Stanly, Esq"", and 
the Secretary of this Colony are hereby irapowered and di- 
rected to execute a deed of the said forty-two acres to the said 
Gideon Hun, his heirs, &c., under the publick seal, to the pur- 
pose aforesaid. 

On the petition of David Nevins, of Kingstown in the Prov- 
ince of the Massachusets Bay, vs. Samuel Pelton, of Midle- 
town, on file : The question was put, whether the judgment 
prayed for to be set aside should be set aside and a new tryal 
granted to the petitioner as prayed for: Resolved by this As- 
sembly in the negative. Oost allow\i respondent £4 8s. Od. 
Ex. granted May 2Sth. 1746. 

On the memorial of Daniel Clark jun"", and Jonah Clark, 
both of Colchester, vs. Rich'd Goodrich and Joseph White, 
both of Midletown : The question was put, whether anything 
prayed in the said memorial should be granted: Resolved 
by this Assembly in the negative. Cost allowed respondents 
£3 5s. Od. Execution gratded Mag 19th, 1747. 

On the petition of Stephen Munson, of New Haven, vs. 
John Whitef of New Haven, as on file : The question was 
put, whether the judgment of the superior court complained 
of therein be erroneous : Resolved in negative. Cost allowed 
respondent is <£4 10s. Od. 

On the petition of Benoni Hills, of Goshen, vs. Abigail 
Dickingson, of Weathersfield, widow, as on file : The question 
was put, whether a committee should be appointed to examine 
evidences, hear the parties, &c., as prayed for in said petition: 
Resolved by this Assembly in the negative. Cost alloived re- 
spondent, X4 Os. Qd. Ex. granted December 5th, 174f . 

This Assembly do grant unto the Hon^^'^ Jonathan Law, 
Esq'', Governor, for his first half year's salary for this current 
year, the sum of seventy pounds new tenour bills of credit. 

This Assembly do grant unto the Hon^'e Roger Wolcott, 
Esq'', Deputy Governor, for his first half year's salary, the 
sum of thirty-five pounds new tenour bills of credit, for the 
current year. 



1746.] OP CONNECTICUT. 227 

This Assembly grants unto George Wylljs, Secretary, for 
his salary the current year, the sum of six pounds in new 
tenour bills of credit. 

This Assembly do grant unto the Hon^ie Jon^h Law, Esq"", 
Governor, for his extraordinary service for the government 
the last half year, the sum of twenty pounds in new tenour 
bills of credit. 

This Assembly do grant to Eliakim Palmer, Esq"", our 
Agent at the Court of Great Britain, the sum of two hundred 
and fifty pounds bills of credit of the old tenour, for his 
salary the current year. 

This Assembly do grant unto Mr. Timothy Green, printer, 
for his last half year's salary, the sum of eighteen pounds 
new tenour bills of credit. 

Resolved hy this Assembly, That the entry on the publick 
records by Mr. Secretary of all the votes passed by this 
Assembly for the encouragement of obtaining Indian enemy 
prisoners, or their scalps, is suspended till further order.* 

On the petition of Moses Rush, of Midletown, vs. Daniel 
Bobbins, of Weathersfield, as on file : The question was put, 
whether anything should be granted on the prayer of said 
petition : Resolved in the negative. Cost alloived respondent 
is X3 Os. Oc?. old tenour. Ex. granted June 28th, 1746. 

Whereas this Assembly has been drawn out to so gi'eat a 
length that all the meml)ers thereof cannot without great 
difficulty stay to hear the laws and orders of this Assembly 
read off, do thereupon appoint Nathaniel Stanly, Ozias Pitkin, 
William Pitkin, Esq''^ Mr. Joseph Buckingham, Mr. Joseph 
Talcott, Mr. Elisha Williams and Colo. John Chester, to be 
a committee to attend his Honour the Deputy Governor, to 
hear the acts and orders of this Assembly read off, and then 
signed by the Secretary as compleat. 

The whole record of the several Acts, Grants and Orders 
of this Assembly, as it stands entered on the pages of this 
book next preceding, were read off in the presence of the 
committee abovenamed, (except Mr. Elisha Williams,) and 
signed as compleat. 

George Wyllys, Secret'y. 

[From the originals in War, iv. 297-299.] 

An Act for the more effectual carrying on the War and defending of 

the Frontiers. 
Whereas the enemy are frequently making incursions and com- 
mitting insults on the British settlements in their outward and 

* The acts referred to are inserted after the record of this session. 



228 PUBLIC RECORDS [May, 

frontier borders, wMch calls for our speedy and vigorous assistance 
in defending against and annoying of the enemy: Therefore, 

Be it enacted hy the Governour, Council and Representatives, in 
General Court assembled^ and hy the authority of the same, That the 
Committee of "War in the county of Hartford be, and they are 
hereby, directed to send forth twenty effective men into the west- 
ern frontiers in the county of Hampshire, to joyn the forty men 
already posted there, to garrison and scout in such manner as may 
best defend and protect those frontier settlements; and that the 
said Committee effectually pursue the powers and instructions 
already given for the prosecuting and carrying on the war and 
defending against the enemy, by sending such numbers of men as 
they shall judge needful to garrison and scout in such places as 
they shall judge to be proper for that purpose. 

And it is further enacted hy the authority aforesaid, That the said 
Committee of War be, and they are hereby, impowered and 
directed to raise fifty able-bodied effective volunteers, either Eng- 
lish or Indian, more or less as they shall jvidge needful, having 
regard to the numbers joyned them by the governments of New 
York and Massachusets Bay, or either of them, to joyn such men as 
shall be raised in the said governments, or either of them, or if need 
be to impress such numbers as the said Committee shall have occa- 
sion for, (taking the same method therein as is provided for the rais- 
ing men to garrison and scout,) to be sent into the enemies' borders, 
to make incursions upon and to annoy the enemy in their own 
habitations and settlements, and to scout between the enemies' 
borders and the borders of the British plantations; and to nomi- 
nate proper officers for that purpose, whom the Governour of this 
Colony is desired to commission for the said service. "Which 
scouts shall be under the direction of the said Committee of War, 
or such person or persons as they shall appoint for that purpose, 
with respect both to the time of their continuing in, and place or 
places where they shall perform said service. 

And, for the encouragement of such as shall be imployed in the 
service aforesaid, 

It is further enacted hy the authority aforesaid, That the officers and 
souldiers shall have the same wages already stated for those officers 
and souldiers who have been imployed in garrisoning and scouting 
in the county of Hampshire; and also, that all such officers and 
souldiers as shall provide themselves with arms, ammunition, pro- 
vision and other necessaries, shall have as a reward for every male 
prisoner of the Indian enemy sixteen years old and upward, the 
sum of three hundred pounds bills of credit old tenor, and for 
every scalp of such Indian 16 year old and upward, half so much; 
and for every female prisoner or children iinder the age of sixteen 
years of such Indians the sum of one hundred and fifty pounds 
like bills, and for every scalp of such enemy Indian female or 
children of such Indians half so much, to be paid out of the pub- 
lick treasury of this Colony, on an order drawn by said Committee, 
on the producing to them such prisoners or scalps. 



1746.] OF CONNECTICUT. 229 

And if said oflBcers and souldiers are provided with arms, ammu- 
nition, provision and other necessaries by the government, they 
shall have a reward of half so much for each of the respective 
services as those have who provide for themselves as aforesaid. 
Past in the Upper House. 

Test. George Wyllys, Secret'y- 
In the Lower House: Concurred, with this alteration, that in- 
stead of the word children in the ninth line from the top of this 
paper and in the eleventh line, be inserted the word child. 

Test. Jno. Fowler, Clerk. 
Concurr'd in the Upper House. 

Test. George Wyllys, Secret'y. 

And, for the encouragement of such as shall voluntarily and at 
their own proper cost and charge go out against our Indian 
enemies, 

Be it further enacted by the authority aforesaid, That if any persons 
shall offer themselves to the said Committee of War, for said pur- 
pose, who by them shall be judged suitablQ to have the command 
of a company, shall be by them recommended to his Honour the 
Governour to be commissioned, who is desired to commission such 
persons accordingly; who, being commissioned for the purpose 
aforesaid, shall have power to enhst such able-bodied men, English 
or Indians, as shall freely offer themselves for said service; and 
such oflBcers and souldiers going out at their own proper cost as 
aforesaid, shall have for every male prisoner of the enemy Indians 
sixteen years old and upward the sum of four hundred pounds old 
tenor, and for every scalp of male Indian the sum of three hun- 
dred and fifty poimds old tenor, and for every female, or child 
under sixteen years of age, of such enemy Indians- taken captive, 
the sum of two hundred pounds old tenor, and for every scalp of 
such female or child, killed in fight, the sum of one hundred and 
seventy-five pounds old tenor. And to the inhabitants of this Colo- 
ny attacked by Indian enemies, and to such souldiers as may be 
employed by this Colony issuing out upon any party or parties of 
Indians, shall be given for each enemy Indian killed and scalp pro- 
duced, or taken prisoner by such inhabitant or souldiers, the sum of 
one hundred pounds old tenor. All whiish payments to be made by 
the Treasurer of this Colony on an order to be drawn for the pur- 
pose by the said Committee of War, on such prisoner or scalps 
produced to the acceptance of said committee. 

Past in the Upper House. 

Test. George Wyllys, Secret'y. 
Concurred with in the Lower House. 
Test. Jno. Fowler, Clerk. 



230 PUBLIC RECORDS [June, 



[368] Anno Rec/ni Regis Greorgii secundi vigessimo. 

At a General Assembly holden at New Haven in his 
Majesties English Colony of Connecticut in New Eng- 
land IN America, (by special order of his Honour the 
Governor,) on Thursday the 19th day of June, and 
continued, by several adjournments until the day 

OF the same month, annoque Domini 1746. 

Present : 
The Honourable Jonathan Law, Esquire, Governor. 
The Honbie Roger Wolcott, Esq"", Deputy Governor. . 

James Wadsworth, ) Thomas Fitch, ^ 

Nathaniel Stanly, j Roger Newton, I "ri , r-- a. 

Timothy Pierce, )>Esq''% Ebenezer .Sillman, )> •. ', " 

Samuel Lynde, | Jonathan Trumble, j 

William Pitkin, ) Andrew Burr, J 

Representatives or Deputies that attended at tJds Assembly are as 
folloiv^ (viz :) 

Mr. Joseph Talcott, for Hartford. 

Colo. Gurdon Saltonstall, for New London. 

Major Thomas Dyer, Capt. Eliezer Gary, for Windham. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Colo. Jonathan Hoit, for Standford. 

Capt. Asahel Strong, Mr. John Hooker, for Farmingtown. 

Mr. Samuel Fitch, Mr. James Lockwood, for Norwalk. 

Capt. Robert Walker, Capt. David Judson, for Stratford. 

Capt. Charles Bulkley, Capt. Nath'.Foot, for Colchester. 

Major Ebenezer Marsh, Capt. Joseph Bird, for Litchfield. 

Mr. Joseph Brunson, Mr. Timothy Judd, for Waterbury. 

Capt. Moses Hawkins, Mr. Aljel Gun, for Derby. 

Mr. John Hall, Colo. Benjamin Hall, for Wallingford. 

Mr. William Johnson, for Mansfield. 

Capt. John Mead, Capt. Israel Knapp, for Greenwich. 

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven. 

Capt. Samuel Burr, for Fairfield. 

Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Capt. Samuel Parker, for Coventry. 

Mr. James Bicknal, Mr. William Watkins, for Ashford. 

Mr. Thomas Benedict, Capt. Josiah Starr, for Danbury. 

Capt. Joseph Phelps, for Hebron. 

Colo. John Dyer, Mr. Stephen Frost, for Canterbury. 

Capt. Elnathan Stephens, for Killingsworth. 

Mr. Ebenezer Bateman, Mr. Penuel Child, for Killingly. 

Capt. Richard Olmstead, Mr. Samuel Olmstead, for Ridgfield. 



1746.] OF CONNECTICUT. 231 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 
Mr. Hez''. Brainerd, for Haddam. 

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon. 
[369] Capt. Nath'. Harrison. Capt. Robert Foot, for Brandford. 
Mr. John Plumphrey, for Symsbury. 
Mr. William Wittar, Capt. Samuel Hoit,* for Preston. 
Colo. John Chester, Mr. Elisha Williams, for Weathersfield. 
Colo. Christopher Avery, Mr. Jolin Ledyard, for Groton. 
Mr. John Griswould, Mr. Richard Lord, for Lyme. 
Mr. Seth Wetmore, for Midletovvn. 
Colo. Samnel Hill, Capt. Timothy Stone, for Guilford. 
Mr. David Noble, for New Milford. 

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 
Mr. Simeon Minor, Capt. John Breed, for Stoningtown. 
Major Elihu Chauncey, Mr. James Wadsworth, for Durham. 
Mr. William Marsh, for Plainfield. 

Mr. Ebenezer Holelirook, Capt. Noah Sabin, for Pomfrett. 
Colo. Samuel Hill, Speaker, ) of the House of Repre- 
Capt. John Fowler, Clerk, ) sentatives. 

Whereas this Assembly, at their sessions in May last, 
resolved that there should be forthwith raised in this Colony 
six hundred able-bodied effective men, or more if they should 
offer themselves, to be imployed in his Majesties service in an 
expedition for the reduction of Canada ; and for the encourage- 
ment of such men voluntarily to enlist themselves into the 
said service, among other things, granted a reward of ten 
pounds old tenour to each man that should inlist, and to such 
as should appear with cloathing to the acceptance of his cap- 
tain or chief military officer, and provide himself with a 
blanket, should have the sum of thirty pounds old tenour : 
And whereas it appears necessary to this Assembly that, 
in order the more effectually and speedily to promote the 
said service, the number of men to be raised should be ascer- 
tained, and greater encouragement given, and the price for 
the cloathing and blankets enlarged, and, in case the number 
ascertained should not voluntarily enlist themselves, that the 
number wanting to make up the complement should be im- 
prest to go into said service : Thereupon, 

It is resolved hy the Gfovernor, Council and Representatives, 
in General Court assembled, and hy the authority of the same. 
That there shall be raised, as soon as possible, in this Colony 
the number of one thousand able-bodied effective men, (includ- 
ing officers,) for the service aforesaid, inclusive of those who 

* Probably an error in the record for Coit. 



232 PUBLIC RECORDS [June, 

are already raised in pursuance of the resolve of this Assem- 
l>ly aforesaid ; and that each souldier that has already enlisted, 
or shall voluntarily enlist into the said service, shall have 
paid him as a premium the sum of thirty pounds in old tenor 
l)ills of credit, or in new tenor bills equivalent, in the lieu 
and stead of the ten pounds granted in May. Always pro- 
vided, that the ten pounds aforesaid already paid to such as 
have enlisted shall be accounted part of the said thirty pounds. 

And it is further resolved^ That instead of the thirty pounds 
allowed l)y the resolve in May last for the cloathing of each 
souldier and for each blanket, where the souldiers shall pro- 
vide themselves with them, be forty pounds old tenor bills, or 
new tenor equivalent ; and his Honour the Governor is desired 
to issue forth proclamations and orders accordingly. 

It is also recommended to his Honour the Governor, that 
lie improve Andrew Burr, Thomas Wells, Hezekiah Hunting- 
( 870] ton, Gurdon Saltonstall, || John Fowler, and Jabez 
Hamlin, Esq's, to provide the cloathingand blankets that shall 
be found necessary and wanting for the soldiers employed in 
said service, and that he improve Jonathan Trumble and 
Hezekiah Huntington, Esqi's, to provide, in the best and 
most reasonable manner, such good fire-locks, cutlasses, car- 
touch-boxes and belts as may be wanted for said service ; and 
that his Honour the Governor draw on the Treasurer for 
money needful to purchase the cloathing, blankets and arms 
aforesaid. And his Honour the Governor is hereby desired 
to have the accounts hereof prepared and laid before Lieut. 
General St. Clair, who is by his Majesty authorized and im- 
powered to make a reasonable allowance for defraying the 
expence thereof. 

And it is further enacted hy the authority aforesaid, That if 
by reasonable contracts and bargains the said preparations 
cannot be made, his Honour the Governor, Deputy Governor 
and the assistants of this Colony, to any of whom any of the 
commissaries or persons aforesaid are to apply, are authorized 
and directed to grant proper warrants to impress victuals, 
transports, cloathing, arms and other necessaries tliat can- 
not otherwise i^^asonably be obtained for the service afore- 
said. 

Itis further resolved, T\\Qiii\\Q billeting the souldiers shall 
be allowed to be at the rate of sixteen shillings per week old 
tenor for each souldier, and so pro rata, and eighteen pence 
per meal when they are marching ; and that the captain, with 
the advice of one justice of the peace, shall have power and 
authority to appoint the place and places of their billeting. 
. And it is further resolved, That in case there shall not ap- 



1746.] OP CONNECTICUT. 233 

pear a sufficient number of volunteers to fill up the several 
companies resolved to be raised for the service aforesaid, by 
the first day of July next, the several enlisting officers who 
shall then want any man or men to make up his or their com- 
plement, shall immediately certify to his Honour the Governor 
what number of men they respectively want, to fill their com- 
panies : Thereupon his Honour the G-overnor, with the advice 
of the Committee of War appointed to assist his Honour, is 
desired and fully impowered to give proper orders or warrants 
to such ofiicers as they shall judge proper, for the impressing 
so many able-bodied effective men, either out of the militia or 
of vagrant or wandering persons, as shall be necessary to fill 
up such company or companies, who being thus impressed 
shall attend the said service or be treated and suffer as de- 
serters. Always provided, that if any such impressed men 
shall within twenty-four hours after they shall be impressed, 
shall voluntarily inlist themselves into said service, they shall 
be accounted volunteers and receive the same reward and ben- 
efits as other volunteers receive. 

A7id it is further resolved, That in case it shall be found nec- 
essary for any part of the militia to be mustered, in order to 
make said impresses, and the captain of any company shall or- 
der a muster for said purpose, that if any souldier, being 
warned by order of his captain to muster at time and place by 
said captain to be appointed, shall not attend said muster, un- 
less prevented by sickness or other inevitable providence, shall 
forfeit to the Treas'urer of the Colony, for the use of the Col- 
ony, the sum of twenty pounds old tenor bills, to be levied by 
a warrant signed by the two chief officers of the company to 
which such soldier belongs, as other military fines by law are 
to be levied. 

Resolved by this Assembly, That if any soldier that has al- 
ready or shall hereafter inlist into the present expedition 
[371] against Canada, and receive || the premium granted by 
this Assembly, and shall after such receipt of the premium, or 
after such enlistment, desert his Majesty's service, shall re- 
fund and pay back the money he has or shall receive of the 
inlisting officer with whom he shall inlist into the publick treas- 
ury of this Colony, in addition to the penalties already pro- 
vided by the laws of this Colony in case of desertion ; and in 
case he be not able to refund and pay back said money, shall 
be sold by the county court in that county where the offence 
is committed, to any of his Majesty's subjects, for the repay- 
ment of the same. 

Resolved by this Assembly, That his Honour the Governor 
30 



234 PUBLIC RECORDS [June, 

be desired, and he is hereby desired, forthwith to lay an im- 
bargo upon all provisions of pork, beef, wheat, bread, flour, 
pease and beans, of the produce of this Colony, until the first 
day of August next, unless the Governor shall see cause to take 
off the same before the expiration of said term ; and that no 
provisions, as aforesaid, during saidimbargo shall be conveyed 
out of the limits of this Colony, upon the penalty of the for- 
feiture of the same provisions, or the price thereof, to the use 
of the Colony. 

Whereas this Assembly resolved, in May last, that the com" 
missaries should for the present provide five months provis- 
ions for the forces to be raised in this government to be im- 
ployed in the expedition against Canada : 

It is now resolved, That the commissaries appointed for said 
service forthwith make the necessary provisions for the sub- 
sistence of the forces now resolved to be raised, for the space 
of five months from their embarkation, to be sent with the said 
forces. 

It is also resolved, That the said commissaries do make the 
necessary provisions for the subsistence of said forces the space 
of seven months more, which they are directed to engage and 
procure as soon as may be, and to get them ready for trans- 
portation by the tenth day of September next, and accordingly 
send the same to be delivered to the commissary imployed by 
this government, for the use of our forces in the service afore- 
said ; unless that before that time it shall appear to his Hon- 
our the Governor and Committee of War, that the said seven 
months provision need not be sent, in which case his Honor is 
desired to give orders to the commissaries to proceed no further 
in the business aforesaid. 

Whereas this Assembly is informed that Capt. Martin Kel- 
logg is acquainted with a considerable part of the navigation 
of the river of St. Lawrence: This Assembly, in compliance with 
his Majesty's directions signified to us by his Grace the Duke 
of Newcastle, do appoint Nathaniel Stanly and William Pit- 
kin, Esq", to agree with and engage the said Capt. Kellogg, 
to serve as a pilot on board his Majesty's fleet in the expedi- 
tion against Canada, and certify to his Honour their conclu- 
sions with the said Captain Kellogg ; and thereupon his Hon- 
our the Governor is desired to acquaint Rear Admiral War- 
ren, that the said Kellogg is ingaged as aforesaid, and also 
the rate at which he shall be engaged. 

An Act for emitting' Bills of Credit. 
Be it enacted by the Governor^ Council aiid Representatives, 
in Greneral Court assembled, and by the authority of the same, 



1746.] OF CONNECTICUT. 235 

That there be forthwith struck a certain number of bills of 
credit on tliis Colony, new tenor, from three pounds to seven 
shillinjrs, which in the whole shall amount to the sum of 
thirty-five thousand pounds, and no more, and to be signed 
by the committee appointed for signing the bills of credit of 
[372] this Colony, or any three of them, and by them be put || 
into the hands of the Treasurer of this Colony, taking his 
receipt for the same ; and the Treasurer is hei-eby ordered to 
pay out the same to answer the debts of this Colony, agreeable 
to such orders as shall be given to him from time to time, 
according to law. 

And, as a fund or security for the repayment and drawing in 
the said bills into the Treasury again, this Assembly grant a 
tax or rate of thirty-six thousand seven hundred and fifty 
pounds, to be raised on the polls and rateable estate of the 
inhabitants of this Colony, and to be paid into the treasury 
of this Colony by the first day of May, A. D. 1758, to be paid in 
bills of credit of this Colony, or in silver money as it generally 
passeth in the Colony at the time of payment. 

Resolved by this Assembly^ That his Honour the Governor 
and the Committee of War appointed to assist his Honour, do, 
and they are hereby impowered to act and do in all matters 
not particularly provided for by the Assembly relating to the 
expedition against Canada, and give all proper orders for the 
same, as fully and amply with regard to all necessaries for 
the thousand men by this Assembly resolved to be raised, as 
they were impowred to do for the six hundred or more or- 
dered to be raised by the Assembly in May last. 

This Assembly do appoint Captain William Whiting to be 
Captain of a company of foot to be raised in this Colony for 
the expedition against Canada. 

This Assembly do appoint Mr. Samuel Fitch, of Lebanon, 
to be First Lieutenant of Captain William Whiting's company 
of foot to be raised in this Colony for the expedition against 
Canada. 

This Assembly do appoint Doct. Normand Morrison, of 
Hartford, to be Second Lieutenant of Captain William Whit- 
ing's company of foot to be raised in this Colony for the expe- 
dition against Canada. 

This Assembly do appoint Mr. Daniel Sharp Ensign of Cap- 
tain William Whiting's company of foot to be raised in this 
Colony for the expedition against Canada. 

This Assembly do appoint Captain John Whiting, of Ston- 
ington, to be First Lieutenant of Captain Denison'a company 



236 PUBLIC RECORDS [June, 

of foot to be raised in this Colony for the expedition against 
Canada, 

This Assembly do appoint Mr. Roger Billings to be Second 
Lieutenant of Captain Denison's company of foot to be raised 
in this Colony for the expedition against Canada. 

This Assembly do appoint Mr. Isaac Jones to be Ensign of 
Captain Denison's company of foot to be raised in this Colony 
for the expedition against Canada. 

This Assembly do appoint Captain Elihu Hall, of Walling- 
ford, to be Captain of a company of foot to be raised in this 
Colony for the expedition against Canada. 

This Assembly do appoint Mr. Samuel Sanford the 3d, of 
Milford, to be First Lieutenant of Capt. Elihu Hall's company 
of foot to be raised in this Colony for the expedition against 
Canada. 

This Assembly do appoint Mr. John Russell jun"", of Brand- 
ford, to be Second Lieutenant of Captain Elihu Hall's company 
of foot to be raised in this Colony for the expedition against 
Canada. 

This Assembly do appoint Mr. Arthur Worster, of Derby, to 
be Ensign of Captain Eliliu Hall's company of foot to be raised 
in this Colony for the expedition against Canada. 

[373] This Assembly do appoint Captain Joseph Worster to 
be Captain of a company of foot to be raised in tliis Colony for 
the expedition against Canada. 

This Assembly do appoint Mr. Daniel Belding, of Norwalk, 
to be First Lieutenant of Captain Joseph Worster's company 
of foot to be raised in this Colony for the expedition against 
Canada. . 

This Assembly do appoint Mr. Eliakim Robbinson, of New 
Haven, to be Second Lieutenant of Captain Joseph Worster's 
company of foot to be raised in this Colony for the expedition 
against Canada. 

Tbis Assembly do appoint Mr. James Mead to be Ensign of- 
Captain Joseph Worster's company of foot to be raised in this 
Colony for the expedition against Canada. 

This Assembly do appoint Mr. David Burr Second Lieuten- 
ant of Captain Josiah Starr's company of foot to be raised in 
this Colony for the expedition against Canada. 

This Assembly do appoint the Reverend Mr. Ashbel Wood- 
bridge, of Glasscnbury, to be improved as Chaplain to the 
forces raised in this Colony for the expedition against Canada. 

This Assembly do appoint Doctor Normand Morrison to be 



1746.] OF CONNECTICUT. 237 

improved as Chief Physician and Chirurgeon in the expedi- 
tion against Canada. 

Resolved hy this Assembly^ That three chirnrgeon's mates be 
imployed in the expedition against Canada. 

Whereas it is supposed that the staff officers appointed by 
this government to serve in the expedition against Canada 
will be taken into his Majesty's pay: This Assembly do re- 
solve, that in case the said officers be taken into his Majesty's 
pay, the several wages granted by this Assembly in May last 
to such officers shall not be jmid them ; anything in the said 
grant contained notwithstanding. 

Upon the memorial of the third society of Brandford, shew- 
ing this Assembly that the inhabitants of said society at tlieir 
legal society meeting, more than two-thirds voted that it was 
necessary to build a meeting-house in said society for divine 
worship, and praying this Assembly for a committee to affix 
a place for said inhabitants to build a meeting-liouse upon, &c.: 
Resolved by this Assembly, that Captain John Hubbard, Capt. 
Jonathan Allyn, and Mr. John Hitchcock, all of New Haven, 
be a committee to repair to said society, notify all parties con- 
cerned, view their circumstances, and hear them fully on the 
premises, and affix a place for said inhabitants to build a meet- 
ing-house upon, and make return to this Assembly in October 
next. 

This Assembly do appoint Nathaniel Stanly, William Pitkin, 
Esq's, ai^d ]\fi., Joseph Talcott, a committee to attend the Sec- 
retary of this Colony at Hartford, to hear the acts and orders 
of this Assembly read off, and then signed by the Secretary as 
compleat. 



[374] Anno Regni Regis Greorgii secundi vigessimo. 
Connecticut 

Colony. 

At a General Assembly holden at New Haven in his 
Majesties English Colony of Connecticut in New Eng- 
land in America, on the second Thursday of October, 
(being the 9th day op said month,) and continued by 
several adjournments until the 24th day of the same 
month, annoque domini 1746. 

Present: 
The Honourable Jonathan Law, Esquire, Governour. 
The Honi^'e Koger Wolcott, Esq"", Deputy Governour. 



238 PUBLIC RECORDS [October, 

James Wadsworth,^ Thomas Fitch, "^ 

Nathaniel Stanly, Roger Newton, | Ass'st 

Timothy Pierce, )>Esq'■^ Ebenez^. Silliman, )>Esq'-s. \ 

Samuel Lynde, | John Bulkley, | 

William Pitkin, j Andrew Burr, j 

Representatives or Deputies that attended at the Assembly 
are as follow, (viz:) 

Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford. 

Mr. Jeremiah Millei-, Mr. Jeremiah Chapman, for New Lon- 
don. 

Colo. Hez^ Huntington, Mr. Ebenezer Backus, for Norwich. 

Mr. James Bicknal, Mr. William Watkins, for Ashford. 

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield. 

Capt. Nathan Baldwin, Mr. Robert Treat, for Milford. 

Mr. Joseph Strong, Mr. Ebenezer Root, for Coventry. 

Mr. John Noyes, Mr. Joseph Denison, for Stoningtown. 

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury. 

Capt. Moses Hawkins, Mr. Abel Gun, for Derby. 

Mr. Hezekiah Brainerd, for Haddam. 

Capt. Josepli Bird, Major Ebenezer Marsh, for Litchfield. 

Colo. Christopher Avery, Mr. Ebenezer Avery, 2d, for Groton. 

Mr. Samuel Fitch, Mr. Joseph Piatt, for Norwalk. 

Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven. 

Colo. Samuel Burr, Capt. John Read, for Fairfield. 

Mr. Samuel Canfield, Mr. David Nol)le, for New Milford. 

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 

Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron. 

Capt. Charles Bulkley, Mr. John Day, for Colchester. 

Mr. Stephen Frost, Capt. Jabez Fitch, for Canterbury. 

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 

Capt. John Mead, Capt. Israel Knapp, for Greenwich. 

Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killing- 
worth. 

Capt. Jabez Chapman, for East Haddam. 

Capt. James Beebe, Mr. Thomas Benedict, for Danbury. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 

Mr. Robert Dixson, Mr. Thomas Kesson, for Voluntown. 

[375] Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 

Colo. Jonathan Hoit, Capt. Jonathan Maltbie, for Standford. 

Colo. William Preston, Mr. Noah Hinman, for Woodbury. 

Mr. Boaz Stearns, Mr. John Dvvight, for Killingly. 

Major Elihu Chauncey, Mr. James Wadsworth, jun., for Dur- 
ham. 

Capt. Roger Wolcott, Capt. Pelatiah Allyn, for Windsor. 



1746.] OP CONNECTICUT. 239 

Capt. Theophilus Nichols, Mr. Joseph Booth, for Stratford. 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Mr. Samuel Olmstead, Capt. Richard Olmstead, for Ridgfield. 

Capt. Gershom Clark, Mr. Ebeuezer West, for Lebanon. 

Mr. John Griswould, Capt. Elisha Shelden, for Lyme. 

Mr. John Creerey, Mr. Benjamin Wheeler, for Plainfield. 

Capt. Timothy Hopkins, for Waterbury. 

Colo. Benjamin Hall, Capt. William Ward, for Wallingtbrd. 

Capt. Nathaniel Harrison, Capt. Robert Foot, for Brandford. 

Mr. Ebenezer Holebrook, Mr. Thomas Cotton, for Pomfrett. 

Capt. Asahel Strong, Capt. Hezekiah Lee, for Farmingtovvn. 

Colo. Tliomas Welles, Speaker, ) of the House of Repre- 

Mr. Jeremiah Chapman, Clerk, ) sentatives. 

An Act directing Proprietors of Lands lying convenient for a Common 
Field, MThere no Common Field has been before made and used, how 
they shall be enabled to form such Lands into a Common Field. 

Be it enacted hy the Grovertior, Council and Representatives, 
in General Court assembled, and hy the authority of the same, 
That when any number of proprietors within this Colony have 
such lands lying convenient to be improved as a common field, 
wherein five-sixth parts of said proprietors shall agree to im- 
prove their said land as a common field, (always accounting 
their votes by their interest in said lands,) are hereby directed 
to represent the circumstances of their said lands to the county 
court in the same county where said lands do lye, and notify 
the other proprietors of said lands to appear at said court, to 
make their objections, if any they have, against said lands 
being improved as abovesaid ; and on said proprietors obtain- 
ing the approbation and allowance of the county court to im- 
prove said lands as abovesaid, the proprietors of sucii lands 
are hereby allowed to improve said lands as a common field, 
and shall have the benefit of the laws of this Colony made for 
regulating and protecting common fields. 

An Act for enlarging the District of the Court of Probate at Dan bury in 
Fairfield County. 

Be it enacted hy the Crovernor, Council and Representatives, 
in G-eneral Court assembled, and by the authority of the same. 
That the town of Ridgfield be annexed, and it is liereby an- 
nexed, to the district of Danbury; any law to the contrary 
notwithstanding. 

The Gentlemen nominated by the Votes of the Freemen of this Colony to 
stand for Election in May next are as follow, (viz :) 

The Honourable Jonathan Law, Esqf. 

The Honourable Roger Wolcott, Esq''. 
James Wadsworth, Esq^. Jonathan Trumble, Esq''. 
Nathaniel Stanly, Esq^ John Bulkley, Esqf. 
Ozias Pitkin, Esq^ Andrew Burr, Esq^. 



240 PUBLIC RECORDS [October, 

Timothy Pierce, Esq^. Hezekiah Huntington, Esq'". 

Samuel Lynde, Esq^ Colo. John Chester. 

William Pitkin, Bsq^. Mr. Elisha Williams. 

Thomas Fitch, Esq^. Mr. John Griswould. 

Roger Newton, Esq^. Colo. Benjamin Hall. 

Ebeiiezer Silliman, Esq'. Colo. Gurdon Saltonstall. 

[376] This Assembly do establisli and confirm Mr. Caleb 
Hall jun'". to be Lieutenant of the second company or trainband 
in the town of Wallingford, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Moses Hall 
to be Ensign of the second company or trainband in the town 
of Wallingford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathaniel Gid- 
dings to be Captain of the fifth company or trainband in the 
town of Norwich, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Ebenezer Nye 
to be Captain of the company or trainband in the town of 
Tolland, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Ephraim 
Grant to be Lieutenant of the company or trainband in the 
town of Tolland, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Solomon Loomis 
to be Ensign of the company or trainband in the town of Tol- 
land, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Glover 
to be Captain of the 2d company or trainband in the town 
of Newtown, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Daniel Booth 
to be Lieutenant of the 2d company or trainband in the 
town of Newtown, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Heth Peck to 
be Ensign of the 2d company or trainband in the town of 
Newtown, and order that he be commissioned accordingly. 

This Assembly do establisli and confirm Mr. Benjamin Tal- 
cott to be Captain of the company or trainband in the town 
of Bolton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joel White to 



1746.] OP CONNECTICUT. 21:1 

be Lieutenant of the company or trainband in the town of 
Bolton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jabez Loomiss 
to be Ensign of the company or trainband in the town of 
Bolton, and order that he be commissioned accordingly. 

This Assembly do estaldish and confirm Mr. William Burn- 
ham to be Captain of the 7th company or trainband in the 
6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

Tliis Assembly do establish and confirm Mr. Joseph Porter 
to be Lieutenant of the 7th company or trainband in the 
sixth regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. El^^nezer Hart 
to lie Ensign of the 7th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Chamberlain to be Lieutenant of the north company or train- 
band in the town of Colchester, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Aaron Skinner 
to be Ensign of the north company or trainband in the town 
of Colchester, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel St. 
John to be Captain of the 2d company or trainband in the 
town of Norwalk, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Elnathan Han- 
ford to be Lieutenant of the 2d company or trainband in the 
town of Norwalk, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nehemiah Mead 
to be Ensign of the 2d company or trainband in the town of 
Norwalk, and order that lie be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jonas Belton 
to be Ensign of the 3d company or trainband in the town of 
Groton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Elisha Lothrop 
to be Captain of the 6th company or trainband in the town 
of Norwich, and order that he be commissioned accordingly. 

[o77] This Assembly do establish and confirm Mr. Samuel 
Lothrop Bd to be Ensign of the 6th company or trainband in 

81 



242 PUBLIC RECORDS [October, 

the town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Asseml)ly do establish and confirm Mr. Aaron Cook 
to be Captain of the company or trainband at the od society 
in Brandford, and order that he be commissioned accordingly. 

This Assembly do establish Mr. Philip Pond to be Lieuten- 
ant of the company or trainband at the 3d society in Brand- 
ford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Josiah Rogers 
jun'". to be Ensign of the company or trainband at tiie 3d 
society in Brandford, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Josiah Starr to 
be Captain of the first comj)any or trainband in the town of 
Danbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Benedict 
to be Lieutenant of the first company or trainband in the 
town of Danbury, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jabez Daviss 
to be Ensign of the first company or trainband in the town of 
Danbury, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Josiah Averill to 
be Captain of the 4th company or trainband in the town of 
Woodberry, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Richard Peet 
to be Lieutenant of the 4th company or trainband in the town 
of Woodberry, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Mor- 
gan to be Lieutenant of the 2d company or trainband in the 
town of Groton,and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Theophilus 
Avery to be Ensign of the 2d company or trainband in the 
town of Groton, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Eleazer Fitch 
to be Ensign of the first company or trainband in the 5th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do order and direct Colonel John Whiting, 
Treasurer of this Colony, to attend the Assembly on Wednes- 
day the 22d day of October instant, and bring with him a 
sufficiency of bills of credit in his hands to defray the chai-ges 
of the Assembly. 



1746.] OP CONNECTICUT. 243 

Upon the petition of George Richards, of New London, vs. 
Jonathan Mack, of Lyme, complaining of a jndgraent of the 
superior court held in New London on the fourth Tuesday of 
September last, rendered in favour of tlie said Mack against 
the said Richards in a case wherein the said Mack was plain- 
tiff and the said Richai'ds was defendant ; praying for relief, 
as per his petition on file: Resolved by tliis Assembly, that 
the said judgment of the superior court be reversed, and the 
same is hereby reversed and set aside, and that the said 
Richards shall have liberty of another tryal of the said case 
at the superior court to be held at Norwich on the fourth 
Tuesday of March next ; and that the whole cost shall follow 
the {inal*judgment that shall be given in said case. 

Upon the memorial of Lieutenant Joseph Hart, Jonathan 
Miller, and the rest of the northern inhabitants belonging to 
the first society in Farraingtown, living on or near the divisions 
of land commonly called the divisions of land against Nodd, 
representing their great distance from the place of publick 
worship and difficulty of attending the same in tlie winter 
season, &c. : Resolved Ijy tiiis Assembly, that all said iiihal)i- 
tants, from Symsbury bounds southward so far as to include 
the houses and estates of John Orton and Simeon Judd, and 
east to the mountain called Pinacle Mountain, and west so 
far as to include the first tier of lots in the aforesaid division 
on the west side of Farmingtown*River, shall have liberty to 
hire some suitable orthodox person to preach the gospel among 
them during the months of December, Januaiy, February and 
March, annually ; and that during such time as they shall 
hire a suitable orthodox person, to preach as aforesaid in the 
months aforesaid, they shall be freed fi'om other ministerial 
charges in the said town ; and that tliey shall have powers and 
privileges according as by law in such cases is provided. 

[378] Upon the memorial of Edward Higbey, of Midle- 
town in the county of Hartford, administrator on the estate 
of John Dowd, late of Midletown, deceased, shewing to this 
Assembly that the debts and necessaries set out to the widow 
of said deceased surmount the moveable estate the sum of 
■£404 8s. 8d. old tenour money, praying this Assembly to im- 
power the said memorialist to sell so much of the real estate 
of said deceased as to answer said sum and cost: Resolved by 
this Assembly, that the said administrator, with the advice of 
the court of probate in Hartford county, sell so much of the 
real estate of tlie said deceased as to pay said sum of £404 
8s. 8d. with the incident charges thereon arising. 

On the petition of Benjamin Wilmott, of New Haven, vs. 



244 



PUBLIC RECORDS 



[October, 



Jonathan Mansfield, of New Haven, on file, the question was 
put, whether the pleas offered in abatement of said petition 
are sufficient : Resolved by this Assembly in the affirmative. 
Cost allowed respondent X4 Os. 0. Ex granted Oct. 24:th, 174(3. 

The Sums total of the Lists of Estate of the several Towns in this 

Colony hereafter mentioned, and sent in to this Assembly 

and accepted, are as follow, (viz :) 





£ 


s. 


d. 




£ s. 


d. 


Hartford, 


32936 


15 


1 


New Haven, 


47516 16 


S 


New London, 


28464 


6 


6 


Fairfield, 


44100 14 





Windham, 


20229 


5 


9 


Norwich, 


45513 14 


9 


Ridgefield, 


8703 


7 


6 


Colchester, 


19591 4 





Farming-town, 


82076 


6 


6 


Ash ford. 


8736 19 


11 


Coventry, 


13000 


6 


6 


Killingly, 


17720 10 





Litchfield, 


8242 


14 





Standford, 


25790 11 


7 


Vohintown, 


7923 








Mansfield, 


12420 8 


9 


Durham, 


10282 


12 


9 


East Haddam, 


, 16721 12 





Norwalk, 


29538 


17 


11* 


Haddam, 


9793 8 


3 


Stratford, 


34455 


8 


8 


Windsor, 


34238 10 





Derby, 


10016 





3 


Woodberry, 


21565 18 


1 


Groton, 


21592 


11 





Lyme,. 


22802 11 


9 


Killingsworth, 


13507 


19 


9 


Dan berry, 


13394 


6 


Lebanon, 


34110 


3 





New Milford, 


9819 1 





Weathersfield, 


25585 





2 


Stoningtown, 


28782 8 





Glassenbury, 


10599 


14 





Guilford, 


30874 14 


1 


Plainfield, 


10701 


ir 


6 


Hebron, 


14031 16 


6 


Greenwich, 


19464 


5 


4 


Preston, 


16642 10 





Canterbury, 


12647 


5 





Saybrook, 


18035 3 


9 


Symsbury, 


15300 








Brand ford. 


21728 11 


1 


Waterbury, 


13380 








Wallingford, 


35811 11 


2 


Pom fret, 


137«9 


17 





Midletown, 


41427 4 


6 


Milford, 


26397 


8 












Upon the memorial of Daniel Andruss and Eunice Andruss, 
administrators on the estate of Timotliy Kelsey, late of 
Weathersfield, deceased, representing that the debts, charges, 
&c., due from the estate surmount the moveable part of said 
estate the sum of <£182 ll.s. F)d. and praying that said memo- 
rialists may be impowered to sell so much of the real estate of 
said deceased as will be sufficient to procure said sura : Resolved 
by this Assembly, that the memorialists be impowered, and 
they are hereby impowered, to sell so much of the real estate 
of said deceased as will procure said sum of £182 lis. od. 
with the incident charges arising on said sale, taking the 
direction of the court of probate in the district of Hartford 
therein. 

[379] Resolved by this Assembly., That the fee for impound- 



1746.] OF CONNECTICUT. 245 

ing neat cattle that are taken damage feasa7it shall be two shil- 
lings for each head, in bills of credit of the oldtenour, whereof 
four pence shall be to the keeper of the key ; any law, usage or 
custom to the contrary notwithstanding. 

Upon the petition of James Tilley, of New London, vs. 
Thomas Forsdick, of said New London, complaining that he, 
said Tilley, and Ruth his wife, by their deed of mortgage 
dated the 16th day of February, 172f , mortgaged the spot of 
land whereon the petitioner's dwelling house stands to the 
said Forsdick, which land not l)eing redeemed according to 
the condition of said mortgage, the said Forsdick sued for 
the surrendry of said land, with the petitioner's house built 
thereon since the said mortgage was given ; and that, pending- 
said suit, the said Tilley agreed with and purchased of the 
said Forsdick all his right in the said land &c.,but suffered 
final judgment in tlie superior court in Norwich, March, 1744, 
to be rendered against him in favour of said Forsdick after 
the said purchase ; alledging they agreed that the said Fors- 
dick should take no benefit by said judgment, but that the 
said Tilley should have the direction thereof; and, that not- 
withstanding, the said Forsdick had taken out execution 
requiring the officer to serve the same, to the said Tilley's 
great damage; and thereupon praying for relief, as per his 
petition on file more fully appears ; on which petition the 
parties being heard, the said Forsdick's attorney consented a 
committee should be appointed to enquire into and make 
report in said affair: Therefore, its resolved by this Assem- 
bly, that. Messrs. John Griswould, Jedadiah Cliapman and 
Stephen Lee, l)e a committee, and they are hereby appointed 
a committee, to enquire by all proper means into the matters 
of controversy referred to in said petition, and hear the par- 
ties thereon, and make report of what they shall find, with 
their opinion thereon, to this Assembly at their sessions in 
Hartford in May next ; and that the execution on the judg- 
ment of the superior court be suspended till the rising of said 
Assembly. 

Upon the memorial of the inhabitants of the parish of 
Chester in the town of Say brook in the county of New Lon- 
don, representing to this Assembly that Capt. Abraham 
Waterhouse, who was appointed by this Assembly to collect a 
tax granted on all the unimproved lands in said parish by this 
Assembly at their sessions at New Haven October, 1740, was 
unable to collect the same, by reason he had not authority to 
sell said lands where no persons or personal estate cannot 
be found ; praying said Waterhouse may be by this Assembly 



246 PUBLIC RECORDS [October, 

impowered to sell so much of the lands taxed as to pay said 
tax with the necessary charges of sale : Resolved and enacted 
by this Assembly, that the said Capt. Abraham Waterliouse, 
after having set up a notification in the state house in New 
London or Norwich, where said court is holden sixty days 
l)efore the sale, which shall be during the sessions in said 
county of New London, mentioning the sum of the tax un- 
paid, for what years, and from whom due, and the time of 
sale, and the place, which shall be at the meeting-house in 
said parish, and also set up like notifications in the town of 
Saybrook and in said parish of Chester, the persons then not 
paying said tax with tlie charges of notification tfec. according 
to the tax, then at tlie end of sixty days the said Capt. Water- 
house shall proceed to sell at a publick vendue so much of the 
lands of any and all persons thus taxed within said parish, to 
tlie highest bidder, as will pay the tax in arrears with the 
charges of sale ; and is hereby fully impowered to measure off 
and give deed or deeds of tlie same, wliicli deed or deeds shall 
[380] be as good and effectual in law to pass || the title in fee 
as if executed by the proprietor or proprietors of said land. 

Said parish also praying that a tax, in order to finish their 
meeting-house, of four pence per acre be granted on all the 
land in said parish- : Resolved and enacted also, that a tax of 
four pence old tenour a year per acre be granted to said parish 
of Chester on all the lands within said parish for the space of 
four years next after the rising of this Assembly, and that the 
same be for the use of said parish, to build and finish their 
meeting-house ; and that Capt. Abraham Waterhouse above- 
said be, and is hereby, fully impowered to collect the same 
and, if need be, under the above regulation, to sell the land of 
the proprietors in said parish to pay said tax: said tax to be 
levyed according to the grant of the division of said lands. 

This Assembly do establish and confirm Mr. James Ransom 
to be Ensign of the company or trainband in the parish of 
New Salem, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Friend Weeks 
to be Captain of the 5th comi)any or trainband in the town 
of Woodberry, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Durke to he Ensign of the 5th company or trainband in the 
town of Woodberry, and order that he l)e commissioned ac- 
cordingly. 

Upon the memorial of John Jerom and Stephen Jerom, 
of Brandford in the county of New Haven, praying for the 



1746.] OP CONNECTICUT. 247 

sole liberty of making salt in this Colony by boiling sea water, 
and setting forth their skill and ability to set up and carry on 
said woiks, and readiness to undertake and engage in said 
business if suitably encouraged therein ; and this Assembly 
considering the advantage such a manufacture may be to this 
Colony, if succeeded : It is resolved by this Assembly, that the 
memorialists, their associates and assigns, shall have the sole 
liberty and privilege of making salt, by boiling of sea water, 
in this Colony, and the said liberty and privilege is hereby 
granted unto them for the space of fourteen years from this 
time ; and all and every other person and persons are hereby 
forbid and prohibited setting up, erecting and carrying on any 
works, buildings or materials for carrying on the business of 
making salt, as aforesaid, in this Colony, for the space of four- 
teen years next coming, without the liberty of the memorial- 
ists, their associates or assigns, on penalty that every such 
person or persons so doing shall forfeit the sum of five hun- 
dred pounds money, to be recovered by the memorialists and 
their associates or assigns in any court proper to try the same : 
provided, nevertheless, that if the memorialists, their associates 
and assigns, shall neglect or fail, to erect, set up and prepare 
suitable works and materials for the making of salt, as aforesaid, 
for the space of two years, or shall fail of making the quan- 
tity of five hundred bushels of good salt in any one of the 
remaining twelve years after the said two years, that then this 
grant and every part thereof shall be void and of none effect ; 
anything therein before to the contrary in any wise contained 
notwithstanding. 

On the memorial of Thomas Mathews and Rebecca Thomas, 
administrators on the estate of Samuel Thomas, late of Water- 
bury, deceased, shewing that the debts on said estate surmount 
the moveable estate X52 4s. Sd., praying that the real estate 
of the said Samuel Tliomas may be ordered to be sold for that 
purpose, and that some meet person may be appointed there- 
unto : Resolved by this Assembly, that Mr. John Southniaid 
be, and he is hereby, impowered to make sale of so much of 
the real estate of said deceased that is free from any incum- 
brance of a mortgage, as shall be sufficient to pay said X52 
4s. 8d. with incident charges arising thereon; taking the di- 
rection of the judge of probates in the district of Woodberry. 

[381] An Act for reviving and. further continuing' the La^w entituled An 

Act directing how Juries to attend the Courts of Tryal shall for the 

Future be chosen and appointed, passed by the General 

Assembly at New Haven October 11th, in the 18th 

Year of his Majesties Reign. George the 2d 

&c. King, Annoque Dom. 1 744. 

Whereas the abovementioned law was to continue for the 
space of two years from the rising of the Assembly abovesaid, 



248 PUBLIC RECORDS [October, 

and no longer, which time is now near expired ; and the said 
law having Ijeen found for the benefit of his Majesties sub- 
jects in this Colony : 

Be it therefore efiacted hy the Grovernor, Couyicil and Rep- 
resentatives, in G-eneral Court assembled, and by the authority 
of the same, That the aforesaid law shall be revived, and the 
same is hereby revived, and shall remain in full force in all 
the parts and paragraphs thereof until this Court shall order 
otherwise. 

On tlie memorial of Ebenezer Clark, of Midletown, in the 
parish of East Hampton, agent for said parish, praying this 
Asseml)ly that there might be a land tax of six pence per 
acre on all the lands laid out and divided in said parish, (ex- 
cept the publick lands, if any be,) for the settlement of a 
minister and building of a meeting-house, and that some 
suitable person be appointed to collect the said tax: Resolved 
by this Assembly, that all the lands within the bounds of said 
parish that are divided and laid out be taxed for the purpose 
aforesaid, except publick lands; and this Assembly grants a 
tax of four pence old tenour money on thC acre for the term 
of three years next coming, to be collected and paid into the 
hands of the committee of said parish for the time being, to 
be improved for the settlement of an orthodox minister among 
them and in building a meeting-house ; and that Jonathan 
Alverd, of said parish, be a collector to gather said tax. 

Upon the report of Giles Hall, Jabez Hamlin, Thomas 
Johnson, Esq^s a committee appointed by the General Assem- 
bly in May last to affix a place for the building a meeting- 
house in the parish of New Cambridge, representing that they 
had, on the sixth and seventh days of Octoljer instant, viewed 
the circumstances of said parish and affixed a place upon the 
top of a hill about forty-eight rods southward of a stake said 
to be the center of said society, where they pitched a stake and 
put stones about it, to be the most suitable place for the pur- 
pose aforesaid : Resolved by this Assembly, that the aforesaid 
place on the top of said hill l)e, and the same is hereby, estab- 
lished to be the place for the building of a meeting-house in 
said parish ; and the said stake and stones are to be enclosed 
by the sills of said meeting-house. 

This Assembly do establish and confirm Mr. Nathaniel 
Gregory to be Captain of the '2d company or trainband in the 
town of Danbury, and order that he be commissioned accord- 
ingly. 

Upon the memorial of Samuel Wetmore, of Midletown, 
administrator on the estate of Samuel Wetmore, late of said 



1746.] OP CONNECTICUT. 249 

Midletown, deceased, shewing to this Assembly that the debts 
due from said estate surmounted the moveable estate of said 
deceased the sum of <£172 6s. lid., thereupon praying this 
Asseml^ly for liberty to sell so much of the land of said deceas- 
ed as will procure the said sum with the necessary charges aris- 
ing thereon : Resolved by this Assembly, that the said adminis- 
trator sell, and he is hereby impowered to sell, so much of the 
real estate of the said deceased as will procure the aforesaid 
sum of X172 6s. lid. with the necessary charges arising 
thereon, taking the direction of tlie court of probate for the 
district of Hartford tlierein. 

Upon the memorial of Lydia Norton, administratrix on the 
estate of Samuel Norton, late of Symsbury, deceased, repre- 
senting that the debts due from the estate of said deceased 
surmount the moveable part of said estate the sum of X()2 
2s. Id., and praying that some person may l)e enal)led to sell 
so much of the real estate of said deceased as will pi-ocure the 
said sum, &c.: Resolved by this AssemWy, that the memorial- 
ist be impowered, and she is herel)y impowered and directed, 
to sell so nnich of the real estate of said deceased as will pro- 
cure the aforesaid sum of £Q2 2s. Id. with the incident 
charges arising on said sale, taking the advice of the court of 
probate for the district of Hartford therein. 

[382] Upon the memorial of Sarah Wetmore, of Midletown 
in Hartford county, shewing to this Assembly that her hus- 
band, Francis Whitmore jun"", of said Midletown, some years 
past went under the command of Capt. Roger Newberry into 
the expedition against the Spanish West Indies, and there 
died, and that some time before he went away he had made a 
purchase of his father, Mr. Francis Whitmore of said Midle- 
town, of all his I'ight in one certain tract of land containing 
one hundred and twenty-eight acres then V)y his said father 
mortgaged, to this government for the sum of sixty pounds 
money, said land situate in said Midletown, and took a quit- 
claim of said land of his said father, dated February 21st, 
1739-40, and entered into the premises, designing and hop- 
ing to pay and redeem said mortgage, but by inevitable 
providence l)eing prevented; and also shewing to this Assem- 
bly that judgment is recovered for the surrendry of said 
land, and execution awarded ; praying that the execution may 
be stayed for some convenient time, and that ui)on paying the 
said mortgage money with interest and costs, a committee 
may be appointed to executt) a deed of release to the heirs of 
said Francis Whitmore junf., deceased: Resolved by this 
Assembly, that Nathaniel Stanly, Esq% and George Wyllys, 
32 



250 PUBLIC RECORDS [October, 

Secretary, the committee appointed for giving releases of 
lands mortgaged to this government, are hereby appointed 
a committee witli full power to execute a deed of release to 
the heirs of Francis Whitmore jun^, deceased, from this 
goverument, upon their paying to the Treasurer of this 
Colony the full sum due on said mortgage with the interest 
and cost of suit that have arisen thereon, and that said execu- 
tion be stayed for the space of six months next after the ris- 
ing of this Assembly. 

On the memorial of Joseph Brown and Gloriana Maverick, 
of Stratford in Fairfield county, &c., administi-ators on the 
estate of Mr. Paul Maverick, late of said Stratford, deceased, 
shewing to this Assembly, that the debts due from said estate 
surmount the moveable estate of the deceased the sum of one 
thousand seven hundred and five pounds eleven shillings and 
nine pence, and praying this Assembly would give liberty to 
the memorialists to sell so much of the real estate of the de- 
ceased Paul Maverick as shall be sufficient to i)ay the above- 
said sum of £1705 ll^.-. 9d. and all necessary charges arising 
thereon: Resolved by this Assembly, that the said adminis- 
trators be and are herel)y impowered to sell so much of the 
said real estate as shall be sufficient to pay said sum of £1705 
lis. 9d. with tlie necessary charges arising by said sale, tak- 
ing the advice of the court of probate for the east district in 
the county of Fairfield. 

Whereas the towns of Symsbury and Newtown have not sent 
in to tliis Assembly lists vouched as the law directs: Resolved 
by tliis Assembly, that the town of Symsbury be doomed, and 
the same is lierel>y doomed, at fifteen thousand three hundred 
pounds in the publick list, and said town is hereby required 
to j)ay rates accordingly, and the said town sball receive their 
school money accordingly; and the said town of Newtown is 
doomed at twelve thousand pounds in tlie said list, who are 
recpiired to pay rates accordingly, and said Newtown shall 
receive the school money in proportion to said sum. 

This Assembly do appoint Capt. Theophilus Nickols to be a 
Justice of the Peace in and for the county of Fairfield until 
the first day of June next. 

Upon the memorial of John Stubbins, of New London, i-ep- 
resenting to this Assembly that he, on the 5th day of June, 
17o5, obtained a certificate from the committee at New Lon- 
don for letting out the loan bank made by tliis Colony, to the 
Treasurer of this Colony, for the sum of one hundred pounds 
thereof, and that said committee, to secure the Governor and 
Company of this Colony, took of said Stubbins a deed of mort- 



1746.] OF CONNECTICUT. 251 

ga<?e of his land, and tliat ho had received no more than sixty- 
eight ponnds live shillings of said Treasnrer, and did sccnre 
the interest of said sum to this Colony by bond, &c.: Resolved 
by this Assembly, that Ebenezer Backus, Esq"", of Norwich, be 
and is herel)y imj)Owered to adjust and settle the said affair 
with said Stul)l)ins, and uyjon liis making full payment, within 
[388] two months next after the rising || of this Assembly, of 
tlie real sum which he did receive and tlie just interest arisen 
thereupon and the cost of suit, to said Ebenezer Backus for 
the use of this Colony, and obtain a certificate signed by the 
Treasurer of this Colony that he hatli received the full sum 
due to tlie treasury on account of the same, then Nathaniel 
Stanly, Esq', and George Wyllys, Secretary of this Colony, 
shall, in behalf of the Governor and Company of this Colony, 
make and execute a deed of release unto the said Stubbins, 
according to law, of the land by him mortgaged as aforesaid. 

Upon tlie report of Nathaniel Baldwin, Eljenezer Marsh and 
Joseph Biid, a committee appointed by this Asseml)ly to fix 
and ascertain the place to build a meeting-liouse on in the 
town of Toi']'ington : Resolved by this Assembly, that the 
place to build a meeting-house on [in] said town shall be about 
thirty rods northward of the house of Ebenezer Lyman, Esq"", 
in the cross highway whicli runs east and west, where said 
committee have set up a stake with a large heap of stones 
about it ; the sills of said house to enclose said heap of stones. 

Upon the motion and request of Benjamin Cogshall and 
Elizabeth his wife, and Samuel Jones and Hannah his wife, 
all of Stratford, shewing to this Assembly that whereas this 
Assembly did in their sessions in May, A. D. 1745, appoint 
Messrs. John Fowler, Robert Treat and Nathaniel Farrand, all 
of Milford, a committee to divide a certain tract of land at the 
White Hills, in said Stratford, between the abovesaid Jones, 
Cogshall, and Mr. James Duidopp, &c., as by said act and ap- 
pointment may appear, and that the said Mr, Farrand is since 
deceased, and said svork not complcated ; praying this Assem- 
bly to appoint some suitable person to joynwith the surviving 
gentlemen conmiittee to finish said work : This Assembly do 
appoint and impower Mr. Nathaniel Farrand, of Milford, to 
joyn the abovesaid Mr. John Fowler and Mr. Robert Treat, to 
finish and compleat the abovesaid work. 

On the petition of David Cosseboom, of Huntington in the 
county of Suffolk and Province of New York, tfec, vs. William 
Olmstead, of East Haddam, one of the proprietors of the com- 
mon and undivided land in said East Haddam, and the rest of 
the proprietors of said common and undivided land, as on file: 



252 PUBLIC RECORDS [Octoher 

The question was put, whether aiiytliing prayed for in said pe- 
tition should he granted : Resolved by this Assembly in the 
negative. Coat alloived respondents <£5 7s. 6t?. Ex. granted 
June 6th, 1747. 

On the memorial of William Payn, administrator on the es- 
tate of David Payn, late of New Haven, deceased, shewing to 
this Assembly that the del)ts and charges of administration 
due from the estate of said David, deceased , surmount s the move- 
able or personal estate of the said David the sum of .£120 9s. 
Od. money, and that there is lands belonging to the estate 
of said David to the amount of £118 lis. Id., and i)raying that 
the said William may 1)e impowered to sell the same, to pay 
said del)ts : Granted by this Assembly, that the said William 
Pain, with the advice and direction of the court of probate in 
the district of New Haven, is hereby fully impowered to make 
sale and conveyance of the land of the deceased, or so much 
as to pay the said debt and charges of sale. 

Upon the memorial of Mrs. Eunice Backus, of the ])arish of 
Newington, re])resenting the grievous circumstances of herself 
and family, which have happened by occasion of the death of 
her husband the Reverend Mr. Simon Backus, who lately de- 
ceased while in the service of this government, at Louisljourg, 
and particularly the loss of a considerable part of his estate 
that ha])pened thereby, and praying for relief, &c.: Resolved 
by this Assembly, that the memorialist shall receive out of the 
publick treasury of this Colony the sum of two hundi-ed pounds 
in bills of credit of the old tenour, over and above the hundred 
pounds granted to her by this Assembly in May last. 

Upon the memorial of Mr. James Harris, of New London, 
exhibited to this Assembly in their sessions in May last, pray- 
ing that he miglit be allowed for sundry charges, disburse- 
ments and time, spent in the service of this Colony at two 
Commissioners Courts at Norwich, &c.: This Assembly enact 
and order, that said James Harris shall be paid out of the 
treasury of this Colony the sum of one hundred {)ounds old 
tenour bills, in full for said services and disbursements. 

[384] Upon the memorial of the Rev^ Mr. Samuel Dor- 
rance, shewing to this Assembly that he was settled in the 
work of the gospel ministry in the town of Voluntown, and 
that the inhabitants of said town in their lawful meeting, June 
3d, 1723, did covenant and agree to give him for his yearly 
salary five pence on the pound on all their rateable estate till 
the same amounted to one hundred pounds a year, and so to 
stand during his ministry there ; further shewing that a rate 
of five pence on the pound on the rateable estate of said iu- 



1746.] OP CONNECTICUT. 253 

ha])itaiils for tlie space of three years last past would amount 
to more than one hundred pounds a year ; also shewing that 
the paper currency has lately greatly discounted, that never- 
theless the iuhal)itants aforesaid have refused to afford him any 
other means of relief than only the sum of one hundred pounds 
in hills of credit old tcnour, which is altogether insufficient to 
support himself and family ; and thereupon praying this As- 
sembly to order and decree that the inhabitants of said town 
should pay the memorialist the said sum of one hundred poun<ls 
with the discount thereon, &c.: Resolved l)y this Asseml)Iy, 
that the inhabitants of said Voluntown shall pay unto the said 
Samuel Dorrance, for his salary for this present year, the sum 
of two hundred pounds old tenour, which shall be levied on 
their j)olLs and rateable estate ; and Charles Campbell, of said 
Voluntown, is hereby appointed a collector to collect the same, 
with the same power as other collectors in this Colony have. 

Upon the petition of John Stoyel and Dorothy his wife, both 
of Voluntown in the county of Windham, z's. James Douglass, 
of said Vohmtown, complaining of a judgment of the superior 
court held in Windham, on the third Tuesday of September, 
1745, rendered against them in a case wherein the said Stoyel 
and his said wife wei"e plaintiffs and the said Douglass was de- 
fendant, demanding the surrendry of about forty-five acres of 
land in Voluntown aforesaid ; alledging that the jury in tlie 
tryal of said case missed the law, in determining a certain 
deed, dated the 12tli day of December, 1726, given to the said 
Dorothy, of the said lands, by John Gallop, Robert Parke 
and Ebenezer Dow, a committee appointed by this Asscmldy 
to sell land for n()n-{)ayment of a land tax, contained a grant 
only infuturo; and thereu[)on praying for relief, as per their 
petition on file : Resolved by this Assembly, tliat the afore- 
said judgment of the superior court be reversed and set aside, 
and the same is iiereliy reversed, and that the petitioners have 
liberty of another tryal of said case, at the superior court to 
be held in Windham on the third Tuesday of March next ; and 
that the whole cost follow the judgment that shall be rendered 
in said case. 

Upon the memorial of Normand Morison, of Hartford, rep- 
resenting that he was appointed physician and chirurgeon to 
attend on the forces of this government raised for the late ex- 
pedition against Cape Breton, and the great burthen that was 
cast upon him by his undertaking in said service, and praying 
that such further reward might be allowed to him, in addition 
to his former allowances, as might be a sufficient reward for 
his services aforesaid : Resolved by this Assembly, that, in 



2F)-i- PUBLIC RECORDS [October, 

lieu and stead of the allowances heretofore made to the me- 
morialist Ity said Assembly, there shall be paid him out of the 
publick treasury the sum of sixty-five pounds per montli, old 
tenour bills, from the time of his entering" into the service of 
])liysiciun and chirurgeon to the forces that went from this 
Colony on the aforesaid expedition until his return : always 
accounting what he liath already received, by virtue of said 
former allowances, as part of the sixty-five pounds per month 
as aforesaid. 

{]\)on tlie memorial of Elizal)etli Brooks, administratrix on 
the estate of Timothy Hrooks, late of New London, deceased, 
representing that the del)ts due from the estate of said Timo- 
thy, deceased, surmomit the moveable part of said estate the 
Sinn of <£73 ITks. lid., and praying for liberty to sell so much 
of the real estate of said deceased as may be sufficient to pro- 
cni-e that sum : Resolved by this Assembly, that the said Eliz- 
abetli Brooks, together with Clement Leach of said New Lon- 
don, be impowered, and they are hereby impowered, to sell so 
much of the I'cal estate of said deceased as will j»rocure the 
aforesaid sum of .£73 15s. lid. with tlie incident charges ai-is- 
ing on said sale, taking the advice of the court of probate for 
the district of New London therein. 

[385] Whereas this Assemltly in May last appointed Jon- 
athan Trumble, Esq"", John Chester, Esq"", and Jal)ez Hamlin, 
Esq"", to enquire into the mattei- of diftbrence between John 
Palmer, jun"", and Samuel Palmer, both of Windsor, and 
Daniel FiUey, of said Windsor, then lying before said Assem- 
''ly^ ''J t'^*^ petition of the said John and Samuel, and re}»ort 
to tliis Assembly in their present sessions : And whereas, by 
the indisposition of the said Jonathan Trumble, the business 
hath not been attended, and this Assembly being moved again 
to appoint the same committee, or to supply the place of 
the said Jonathan Trumble, Esq"", with some other yierson, 
and authorize them as l)efore in said act : This Assembly do 
appoint, authorize and impower Colo. Thomas Welles (in the 
room and stead of Jonathan Trumble, Esq%) with Colo. John 
Chester and Major Jabez Hamlin, to enquire and determine 
in said matters of controversy in the same manner as the 
committee were authorized to do l)y the said act of this Assem- 
bly in May last, and to report to this Assembly in their 
sessions in May next what they find in the premises ; and that 
the same execution, mentioned in said act, is hereby suspended 
till the rising of the Assembly in May next. 

On the memorial of Samuel Clinton, of New Haven, shew- 
ing to this Assembly that he iulisted into his Majesties service 



1746.] OP CONNECTICUT. 255 

ill the intended expedition against Canada, and took the 
premium granted by this Colony for the encouragement of 
persons vohintarily to iiiHst in said service, and that David 
Sandford, of Milford, as his master, took and still forcibly and 
without right doth hold from him, said Samuel Clinton, (who 
was Ids apprentice,) the sum of £24: 10s. Od. part of the pre- 
mium aforesaid ; praying for relief in the premises : Resolved 
by this Assembly, that the said Samuel Clinton recover of the 
said David Sandford the sum of twenty-four ])ounds ten shil- 
lings l)ills of credit old tenour, and that execution, signed by 
the Secretary of this Colony, go forth accordingly. JEx. 
granted Oct. 24th, 1746. 

Upon the memorial of Dositheus Humphrey and Isaac Sey- 
mour, administrators on the estate of Cyprian Nickolsjun^ 
of Hartford, deceased, representing to this Assembly that the 
deltts and charges due from said estate amount to the sum of 
X303 5s. )jd. more than the moveable estate of said deceased : 
Resolved by this Assembly, that the said administlators he 
and are hereby impowered to sell so much of the real estate 
of said deceased as shall be sufficient to pay the said sum of 
Xo03 5s. "M. with the necessary charges arising upon such 
sale, taking the advice of the court of probate for the district 
of Hartford therein. 

Ui)on the report of Messrs. John Hubbard, Jonathan Allen 
and John Hitchcock, a committee appointed by this Assembly 
at their special sessions in June last past, to affix a place for 
the meeting-house in the 3d society in Brandford, represent- 
ing that they had, on the 26th day of said June, viewed the 
circumstances of the said society, and affixed a place for the 
building of a meeting-house within the same, about twenty 
rods northward of the house of Mr. Samuel Bartholomew, on 
the west side of the path in the highway, the sills of tlie said 
meeting-house to inclose a walnut staddle there standing with 
a heap of stones about it: Resolved by this Assembly, that 
the aforesaid place be, and the same is hereby established to 
be, the place for the building of a meeting-house in said 
society. 

Upon the prayer of Roger Bidwell, of Hartford, requesting 
that the sentence of this Assembly against him in May, 1743, 
wherein he was deprived of the pi-ivilege of voting in any 
publick meeting and rendered uncapable of giving evidence in 
any case and giving a verdict in any cause, and also laid under 
bonds for his good l)eIiaviour during the pleasure of this 
Assembly, may in all ])arts of it be taken otf, and tbat he may 
be restored to all the privileges of which by the said judgment 



256 PUBLIC RECORDS [October, 

he now stands deprived : Upon consideration whereof with the 
testimonials of the said Bid well's good behaviour since the 
said sentence, it is now resolved by this Assembly, that the 
said Roger Bid well be restored, and he is hereV)y restored, to 
all the privileges of which he was deprived by the judgment 
above referred unto ; and b.e is also hereby released from his 
bonds given for liis good behaviour. 

Upon the memorial of the President and Fellows of Yale 
College : Resolved by this Assembly, that the said president 
and fellows receive out of the Colony treasury, for the use of 
said college, the sum of two hundred sixty-two pounds ten 
shillings in bills of the old tenour, in lieu of what l)y a former 
grant of this Assembly they had right to draw in this instant 
October. 

[386] All Act for stating the Fare of the Ferry across the Little River at 
Windsor at the usual Place of Crossing. 

Be it enacted hy the G-overnoi\ Council and Jiepresentatives, 
in General Covrt asse7nbled, and hy the authority of the same, 
That the fare of said terry for man, horse and load, shall be 
four pence, and no more, and for each single person two pence, 
and no more ; to be paid in bills of publick credit of the old 
tenour. 

This Assembly grants a tax on all the polls and ratealde 
estate in this Colony, on the list of this current year, of two 
pence on the pound in bills of credit of this Colony new 
tenour, at the proportion of three shillings and six pence old 
tenour for one shilling new tenour, and so pro[)ortionably, w^ith 
the usual advance of one shilling on the i)0und ; or in good 
silver at eight shillings per ounce troy weight sterling alloy, 
or gold equivalent. 

This Assembly do establish and confirm Mr. Jonathan 
Pettibone to be Ensign of the south company or trainband 
in the town of Symsbury, and order that he be conunissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel Lord 
to be Captain of the first company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Buck- 
ingham to be Lieutenant of the first company or trainljand in 
the 7th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assemldy do appoint Christopher Avery, Esq"", to be 
Colonel of the eighth regiment in this Colony, and order that 
he be commissioned accordingly. 



1746.] OP CONNECTTCDT. 257 

This Assenil)ly do appoint John Williams, Esq"", to be Lieu- 
tenant Colonel of the 8th regiment in this Colony, and order 
that he be commissioned accordingly. 

Tbis Assembly do appoint Samuel Coit, Esq"", to be Major 
of the 8th regiment in tbis Colony, and order that he be com- 
missioned accordingly. 

VVbereas, pursuant to his Majesties order, a regiment of 
land forces has been raised in this Colony for his Majesties 
service in tbe expedition formed against Canada, and all the 
proper dispositions made for the transporting the said regi- 
ment to tbe place of i-endczvous, and tbe souldiers have i)een 
waiting for orders to proceed, until the season of the year is 
so far advanced as tbatitis doubtful whether by his Majesties 
orders the said forces will be called fortii into his Majesties 
service' for some time, and his Majesties pleasure respecting 
the said service is not yet known : Therefore, it is resolved, 
that his Honour the Govcrnour of this C(jlony be desired, and 
he is hereby desired, to advise the colonel or chief officer of 
the said regiment to offer a furlough to the said souldiers, 
that they may retire to their respective places of abode until 
tliey shall have his Majesties. orders for mustering again ; and 
that the said officers he directed to take care that all such 
souldiers as arc sick or lame or unaltle to care for themselves 
be provided for and billeted out until such souldiers shall re- 
cover their health and be fit to return to their own home again. 
And whereas his Honour, agreeable to his Majesties pleasure 
signified by his Crace the Duke of Newcastle, has ]>rocui-ed 
arms for the said troojis, wbicli Lieut. General St. Clair is to 
make a reasonable allowance for, bis Honour the Governour is 
further desired to direct the said colonel, or chief officer of 
each company, to take a proper receipt for the a;'ms delivered 
to his com[)any, as delivered to them by order of tlie Gov- 
ernom", and transmit the said receipts to his Honour, and also 
to direct the said colonel or chief officer to order each of the 
ca{)tains, or chief officer of each company, to take and receive 
into their care and keeping all the arms and anununition pro- 
vided for his company, and preserve the amnnmition from 
waste and eml)ezzclmont, and keep the arms clean and fit for 
use on the most sudden emergencies. 

[■387J Resolved by this Assembly, That the several com- 
missaries api)ointed to make provision for the subsistence of 
the troops raised in this Colony for his Majesties service in the 
expedition formed against Canada, do, and they are hereby 
directed and ordered to make sale and disposition of the pork, 
beef, bread, flour, butter, cheese, casks and other perishable 
33 



258 PUBLIC RECORDS [October, 

provisions and materials which they have respectively provided, 
or have now in their care and custody for the purpose afore- 
said, to the best advantage for the use of this Colony, unless 
any of the said provisions or materials cannot be sold without 
great loss, in which case the commissaries shall use their discre- 
tion, and dispose or not dispose of such tilings as they shall judge 
for the Colony's interest. And tlie said commissaries are 
hereby further directed to deliver the money they respectively 
sliall receive for the provisions and materials aforesaid, to tlie 
Treasurer of this Colony, taking his receipt for the same, and 
lodge the said receipts with the Secretary of the Colony ; and 
that they take care of and safely store and keep the rum, molas- 
ses and other provisions, materials and implements, provided 
as aforesaid, till further order from this Assembly or from his 
Honour the Governour with the advice of tlie Committee of War 
in the county of New Haven, whose orders the said commissaries 
are directed to oliserve respecting the same, and to lay their 
whole accounts thereof betbre this Assembly at their sessions 
in May next. 

An Act to encourage all such OflEicers and Souldiers as are or shall be sent 

forth in Defence of the'Frontiers to provide themselves 

with Arms, Ammunition and Blankets. 

Resolved hy this Assembly^ That the officers and souldiers 
that are or may be sent forth in defence of the frontiers in 
this or the neighbouring governments, shall be allowed and 
paid out of the publick treasury the following wages in new 
tenour bills, (yiz:^ To a captain XI 6s. 6d. per week ; to a 
lieutenant, XI Is. ?)d. per week; to a sergeant, XO 15s. Od. 
per week, and to a clerk and corporal, XO 13.s-. Od. per week ; 
and to each centinel shall be paid, in bills of credit as afore- 
said, the sum of twelve shillings per week : upon condition, that 
such officers and souldiers shall provide for themselves arms, 
ammunition and blankets, to the acceptance of the officers by 
whom such souldiers shall be inlisted or detached ; and such 
as shall not provide for themselves as aforesaid shall have the 
wages heretofore allowed. 

An Act for securing of Souldiers listed and taken into his Majesties 
Service from Arrests. 

Whereas a number of troops have been raised, and more 
may be raised in this Colony for his Majesties service, who 
may be liable to be taken out of his Majesties service by 
unjust or fraudulent arrests, whereby his Majesty and the pub- 
lick may be deprived of their service : Which to prevent, 

Be it enacted hy the Gfovernor, Council and Representatives., 
in General Court as.sembled, and by the authority of the same, 
That no person whatsoever who is listed or shall list and enter 
himself as a volunteer or shall be impressed into his Majesties 



1746.] OP CONNECTICOT. 259 

service by the order or direction of this government or in 
pursuance thereof, during the continuance of this act, shall 
be liable to be taken out of his Majesties service liy any pro- 
cess or execution other than for some criminal matter, unless 
for a real debt or other just cause of action arisen before their 
entry into such service, and unless before the taking out of 
such process or execution, (not being for a criminal matter,) 
the plaintiff or plaintiffs therein, or some other person or 
persons on liis or their behalf, shall make affidavit before the 
authority or officer granting such process or execution, (who 
are impowered to administer tlie same,) or before some other 
proper authority, that to his or their knowledge the original 
sum justly due and owing to the plaintiff or plaintiffs frpm the 
defendant or defendants, in the action or cause of action on 
which such process or execution shall issue, amounts to the 
value of fifty pounds old tenour bills of publick credit at least, 
a memorandum of which affidavit shall V)e marked on the 
[888] back of such || process or execution ; and if any j)erson 
shall be nevertheless arrested, contrary to the intent of this 
act, it shall and may be lawful for any one assistant and one 
justice of the peace, or two justices Opiorum unus,^ upon com- 
plaint made thereof by the party himself, or by any of his 
superior officers, to examine into the same by the oath of the 
parties or otherwise, and by warrant under their hands to 
discharge such souldier so arrested contrary to the intent of 
this act, upon due proof made before them that such souldier 
so arrested was legally listed or impressed as a souldier into 
his Majesties service and arrested contrary to the intent of 
this act, and to award reasonable cost to the party complain- 
ing, and grant execution therefor accordingly : provided 
nevertheless, that nothing in this act shall be construed to 
extend to prohibit or hinder any process or execution going out 
against the estate of such souldiers in due form of law. 

This act to continue in force till the rising of this Assem- 
bly at their sessions in May next. 

Resolved by this AsseniMy, That his Honour the Governor 
be desired, with the advice of the Committee of War in the 
county of New Haven, to take such proper measures as they 
shall judge consistent with the best interest and safety of 
this Colony, for the obtaining from his Majesty's Pay-Master- 
General such wages as are or may become due to the officers 
and souldiers raised in this Colony for bis Majesty's service in 
the intended expedition to Canada. 

Whereas there is in the care and custody of Jeremiah 
Miller, Esq"", at New London, a small number of old guns, 



260 PUBLIC RECORDS [October, 

small swords and cartouch boxes, returned from the Cape 
Breton expedition, which belong to this Colony, and not fit to 
be improved in the intended expedition against Canada ; and 
whereas there is also in the custody of Hezekiah -Huntington, 
Esqi", of Norwich, some of tlie aforesaid warlike accoutre- 
ments tliat were returned from the late expedition and not fit 
for improvement, as aforesaid : Resolved by this Assembly, 
that Jeremiah Miller, Esq% be impowered, and he is hereby 
impowcred, to sell at publick vendue to the highest bidder, or 
otherwise to the best advantage, such of said guns, swords &c., 
as are lodged at New London ; and that Hezekiah Hunting- 
ton, Esq"", be impowered, and he is liereby fully impowered 
and authorized, to make sale, as aforesaid, of those of the 
aforesaid guns, swords <fec., as are lodged at Norwich ; and 
that the money received for the sale of such arms &c. shall 
by the said Jeremiah Miller and Hezekiah Huntington be 
lodged with the Treasurer of this Colony, taking his receipts 
for the same, which receipts shall be lodged witli the Secreta- 
ry of this Colony ; and that the said Millei" and Huntington 
lay their accounts of such sales &c. before this Assembly at 
their sessions in May next. 

This Assembly do grant to the Hon^^'fi Jonathan Law, Esq"", 
Governor, for his last half year's salary, the sum of seventy 
pounds new tenour bills. 

This Assembly do grant to the Hon^^'e Roger Wolcott, 
Esq"", for his last half year's salary, the sum of thirty-five 
pounds new tenour bills. 

This Assembly do grant to George Wyllys, Secretary, for 
his salary the current year, six pounds in new tenour bills. 

This Assembly grants to Mr. Timothy Green, printer, for 
his half year's salary the current year, the sum of eighteen 
pounds in bills of credit of the new tenour. 

This Assembly do grant to the Honi^'e Jonathan Law, Esq"", 
Governor, for his extraordinary service in the government the 
last half year, the snm of twenty pounds in bills of credit 
new tenour. 

This Assembly do grant to the Hon'^'e Roger Wolcott, Esq^ , 
the sum of twenty pounds new tenour bills of credit, for his 
extraordinary services, being Piesident of the Committee of 
War in Hartford, for which he has had no consideration. 

Whereas this Assembly hath been drawn out to so great 
a length that all the members thereof cannot at this time 
stay to hear the records read off: It is thereupon resolved, 
that Nath'. Stanly, Esq"", Ozias Pitkin, Esq"", and Wm. Pitkin, 



1746.] OF* CONNECTICtJD. ^6l 

Esq^ Colo. Joseph Pitkin, Mr. Thomas Seymour, Colo. John 
Chester and Colo. Elizur Goodrich, be a committee to at- 
tend his Honour the Deputy Governor at the State House in 
Hartford, to hear the acts and orders of this Assembly read 
off by the Secretary, and then signed as perfect and compleat. 
The whole record of the several Acts, Grants and Orders of 
this Assembly, as it stands entered on the pages on this book 
next preceding, was read otf in the presence of the major 
part of the committee above named and signed as compleat. 

George Wyllys, Secretary. 



[389] Anno Regni Regis G-eorgii secundi vigessimo. 

At a General Assembly holden at New Haven in his Maj- 
esties Colony of Connecticut in New England in Amer- 
ica, (BY special order OF HIS HONOUR THE GOVERNOR,) 

ON Wednesday the 28th day op January, and continued 

BY several adjournments TO THE 30tH DAY OF THE SAME 
MONTH, ANNOQUE DOMINI 1746-7. 

Present : 
The Honourable Jonathan Law, Esquire, Governor. 
The Hon'^''^ Roger Wolcott, Esq"", Deputy Governor. 
James Wadswortli,^ Thomas Fitch, ^ 

Nathaniel Stanly, Roger Newton, p . 

Timothy Pierce, VEsq^s Ebenezer Silliman, y^^'^"' /^^- 
Samuel Lynde, Andrew Burr, sistants. 

William Pitkin, J ^ 

Representatives or Deputies that attended at the Assembly are 

asfolloiv, (viz:) 
Colo. Joseph Pitkin, Mr. Thomas Seymour, for Hartford. 
Mr. Jei'cmiah Chapman, jun"", for New London. 
Capt. Eleazer Carey, Colo. Jabez Huntington, for Windham. 
Mr. Samuel CanKeld, Mr. David Nobles, for New Milford. 
Capt. Hezekiah Lee, for Farmingtown. 

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield. 
Capt. Nathan Baldwin, Mr. Robert Treat, for Milford. 
Mr. Joseph Strong, Mr. Ebenezer Root, for Coventry. 
Capt. Jabez Cha[)man, for East Haddam. 
Capt. John Mead, Capt. Israel Knapp, for Greenwich. 
Capt. Elnathan Stephens, Capt. Isaac Kelsey, for Killing- 
worth. 
Capt. Joseph Bird, Major Ebenezer Marsh, for Litclifield. 
Colo. Christopher Avery, Mr. Ebenezer Avery, for Groton. 
Mr. Joseph Piatt, for Norwalk. 



262 PUBLIC RECORDS [January, 

Mr. Samuel Olmstead, Capt. Richard Olmstead, for Ridgefield, 
Colo. William Preston, Mr. Noah Hinman, for Woodberry. 
Mr. Boaz Stearns, Captain John Dwight, for Killingly. 
Capt. Timo. Hopkins, for Waterbury. 
Mr. John Carery, Mr. Benja. Wheeler, for Plainfield. 
Mr. John Hitchcock, Capt. Samuel Sherman, for New Haven. 
Capt. Samuel Burr, Capt. John Read, for Fairfield. 
Colo. Hezekiah Huntington, Mr. Ebenezer Backus, for Nor- 
wich. 
Mr. James Bicknal, Mr. William Watkins, for Ashford. 
Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 
Capt. Joseph Phelps, for Hebron. 
Capt. Charles Bulkley, Mr. John Day, for Colchester. 
Mr. William Johnson, for Mansfield. 

Mr. John Humphrey, Mr. Joseph Wilcoxson, for Symsbury. 
Capt. Moses Hawkins, Mr. Abel Gun, for Derby. 
Mr. Hezekiah Brainerd, for Haddam. 
Capt. James Beebe, for Danbury. 
Capt. Jedadiali Cliapman, for Saybrook. 
Colo. Samuel Hill, Ca{)t. Timothy Stone, for Guilford. 
Capt. Gershom Clark, Mr. Ebenezer West, for Lebanon. 
Mr. John Griswould, Capt. Elislia Sheldon, for Lyme. 
Major Elihu Chauncey, Mr. James Wadsworth jun^, for Dur- 
ham. 
Capt. Roger Wolcott, Capt. Pelatiah Allyn, for Windsor. 
[390] Colo. Benjamin Hall, Capt. William Ward, for Wal- 

lingford. 
Mr. William Wittar, for Preston. 

Major Jaljez Hamlin, Mr. Seth Wetmore, for Midletown. 
Capt. Theophilus Nickols, Mr. .fosepli Booth, for Stratford. 
Capt. Nathaniel Harrison, Capt. Robert Foot, for Brandford. 
Mr. Ebenezer Holebrook,for Pomfrett. 

Colo. Thomas Welles, Speaker ) of the House of Rep- 

Mr. Jeremiah Cliapman, Clerk ) resentatives. 

This Court being called by special order of the Governor of 
this Colony, his Honour was pleased to lay before the Court 
divers letters lately received from his Excellency Governor 
Shirley, the resolves of the Legislature of the Province of the 
Massaciiusets Bay, as also the opinion of the committee of the 
Council of the Colony of New York, with an extract of a let- 
ter from his Excellency Governor Clinton, relating to an ex- 
pedition proposed against the French fort at Crown Point, to 
be carried on by the forces lately raised in these American 
governments l)y his Majesties special order for an expedition 
proposed against the French settlements in Canada; and re- 



1747.] OF CONNECTICUT. 263 

commended the matters in said letters and resolves to tlie con- 
sideration of tliis Assembly at this time, for which purpose he 
had now called them to meet. 

And thereuj)on, this Assembly having taken into considera- 
tion the said atTair and duly weighed the same, it appears to 
til is Court, 

That a winter campaign will be attended with many and 
great difficulties, hazards and fatigues, which will greatly dis- 
])irit and dislicarten the troops, and may make them incapa- 
ble of the services necessary to render success even probable. 
And, 

That as the small-pox has been and, according to the best 
accounts that can be had, still is among the troops of the west- 
ern and southern Colonics, so their joyning with the New Eng- 
land troops will most probably bring that distemper into the 
whole army, and, if so, l)e likely to defeat the whole design. 

Thattliis government ^supposing this expedition, which was in 
agitation last fall, was wholly laid aside, and knew not but that 
it was until it was too late to carry subsistence and other neces- 
saries by water to Albany for the troops raised in this Colony, 
have not carried the said subsistence and necessaries to said 
place,) it is now impracticable by land carriage at this difficult 
season, within so short a time as is proposed and is necessary 
should be done in case of a proceedurc, to supply the Connecticut 
troops with such jn-ovisions and other necessaries as they will 
certainly want over and above what they can l)e sup|)lied with 
from the Massachusetts stores according to a resolve of the 
Legislature of that government, which this Asseml)ly grate- 
fully acknowledges. 

That it is very uncertain whether the western and southern 
Colonies will joyii in this expedition, for that the Governor of 
New Yoi'k being by committee of Council advised to assist in 
the affair on condition Connecticut joyn with the Massaclm- 
setts, but what assistance he can afford is uncertain ; and in- 
asmuch as that committee signific their opinion to be that the 
undertaking is hazardous and difficult, seem only to advise 
Governor Clinton to assist, that he or that government migiit 
not be left alone and be liable to blame in case of a miscar- 
riage. 

That there wants some general agreement and plan for con- 
ducting, governing and carrying on such an expedition ; and 
tliat in case such an attempt at this juncture and season, and 
under tlie present situation of affairs, should so far weaken or 
destroy the troops raised for the expedition against Canada 
that by them no assistance can be afforded in that expedition 



2G4 PUBLIC RECORDS [January, 

the next summer, in case liis Majesty should require them, 
tliis Colony are apprehensive they might incur his Majesties 
displeasure, as well as be instrumental in preventing the re- 
duction of Canada. 

[391] That, under all circumstances, success appears at 
least very doul)tful at this season ; and in case tlie attempt 
should fail, the ill and unhappy consequences thereof are too 
well known and numerous to need mentioning. 

Therefore, this Assembly (who have his Majesties interest 
i-eally at heart, and wouldexertthemselvestothe utmost in this 
important affair, could tiiey see it practicaljle and advisable at 
this time,) ai'C of opinion, that it is not expedient to attempt 
at this season to provide and transport sul)sistence and other 
necessaries for the Connecticut troops to go in an expedition 
against Crown Point, and do therefore for the presenl suspend 
proceeding therein. But, inasmuch as it appears to be of very 
great importance to reduce or demolish the said fort, this As- 
sembly declare their readiness cheerfully to exert themselves, 
to the utmost of their power, for the reduction or demolition 
of that fort, in conjunction with his Majesties other govern- 
ments, as soon as the season and other circumstances will per- 
mit ; and do thereupon resolve, thathis Honour the Governor, 
with advice of the Committee of War apj»ointed to assist him, 
be, and he is hereby, impowered and desired that in case the 
troops raised in this Colony for tlie expedition against Canada 
by any ])roper orders l)e called or ordered forth into his Majes- 
ties service against the French, before the sessions of this xVs- 
sembly in May next, to give orders to the commissaries ap- 
p(jinted l)y this Court to make provision for that exjjedition, 
to deliver out the stores now in their hands, and also to ])r(> 
vide and furnish what further may be wanted for tlie said 
trooj)s' subsistence and other necessaries, for such time as lie 
shall be advised to, and to provide for the transportation 
thereof, according to such directions as he shall, by advice as 
aforesaid, think proper to give. 

Resolved hij this Assembly^ That Eliakim Palmer, Esq"", our 
Agent in Great Britain, be authorized and imjiowered, and 
he is hereby authorized and impowered, to receive in behalf 
of this Colony such sum or sums of money as is or shall be 
ordered to be paid by the Parliament of Great Britain to this 
Colony for the reiml)ursement of the expences this Colony 
was at in the taking and garrisoning of Louisbourg, and the 
same money, when received, to dispose and pay out accord- 
ing to such orders as shall be given by this goverinnent 
respecting the same ; and his Honour the Governor is desired 



1747.] OP CONNECTICUT. 265 

to transmit a copy of this resolve, under the Colony seal, to 
our Agent for that purpose. 

Resolved hy this Assembly, That a draft for a congratula- 
tory address to his Majesty on tiie success of his arms under 
the conduct of his Royal Higlniess the Dnke, in sup[)ressing 
the rebellion raised in Great Britain in favour of a Popish Pi-e- 
tender, and now laid before this Court, be signed by tiie Gov- 
ernor and Secretary of this Colony, and transmitted to his 
Grace the Duke of Newcastle, to be presented to his Majesty 
in behalf of this Colony : Wliich is in the following words, 
(viz ;) 

To his Most Excellent Majesty G-eorge the secotid, King of 
Great Britain, ^c. 
The humble Address of the Governor and Company of the 
English Colony of Connecticut in New England in Amer- 
ica. 

Most Gracious Sovereign: We, your Majesties loyal and 
most dutiful subjects in your remote Colony of Connecticut, 
beg leave humbly to assure your Majesty of our strongest at- 
tacliment to your person, family and government, and to ac- 
knowledge the favours this Colony has enjoyed under your 
Majesties auspicious reign, and to express our utmost abhor- 
[392] rence of that || most umiatural rebellion raised in Great 
Britain in favour of a popish pretender, against the best of 
kings, the best constitution and government ; whicii vile de- 
sign by Divine Providence being happily suppressed, we beg 
leave on this occasion huml)ly to congratulate your Majesty 
on the happy success of your arms under the excellent con- 
duct of his Royal Highness the Duke, Avho God has crowned 
with a glorious victory over those wicked rebels and traitors, 
to the honour of your Majesty, and confusion and shame of 
them and their abettors. 

As your Majesties whole reign has been an uniform evidence 
that you have nothing more at heart than the protection and 
security of your sulijects in the enjoyment of their religion, 
liberty and property, so it appears the more surprising that it 
should ever enter into the heart of any of your sul)jects to rebel 
against your government, with design to dethrone your royal 
person and to subvert the laws and liberties of your kingdom. 
Though these sons of violence have been permitted to be a 
scourge to the Britisli nations, yet, blessed be God, he has not 
suffered them to prevail in their attempts to introduce popery 
and slavery, nor to endanger the protestant interest, but has 
confounded their devices, and by his all-wise providence over- 

34 



266 PUBLIC RECORDS [May, 

ruled that wicked design for the more firm establishment of 
your throne and government. 

May that merciful Providence which placed your Majesty 
on the British throne, and has given you so long and so illus- 
trious a reign, still protect your sacred person, subdue your 
enemies, make your reign prosperous, and continue the crown 
in your royal and illustrious family to the latest posterity. 



[393] A TA General Assembly holden at Hartford in 

THE COUNTY OF HaRTFORD IN HIS MAJESTIES ENGLISH CoL- 

ONY OF Connecticut in New England in America, on 

THE SECOND THURSDAY OF MaY, BEING THE 14tH DAY OF 

said month, and continued by several adjournments 
until the fifth day of June next following, anno 
REGNi Regis Georgii secundi Magn^ Britanni^e &c. vi- 
gessimo, annoque Domini 1747. 

Present : 

The Honourable Jonathan Law, Esq^", Governor. 

The Hon'j'e Roger Wolcott, Esq"", Deputy Governor. 
James Wadsworth, Roger Newton, 
Nathaniel Stanly, Ebenezer Silliman, 
Samuel Ly nde, Jonathan Trumble, )>Esq''s, Assistants. 

William Pitkin, John Bulkley, 

Thomas Fitch, Andrew Burr, 

Representatives or Deputi^ that attended at this Assembly are 

as follow^ (viz :) 
Mr. Joseplt Buckingham, Mr. Joseph Talcott, for Ilartford. 
Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New 

London. 
Capt. Elcazer Carey, Capt. Elij)halet Dyer, for Windham. 
Colo. Jonath. Hoit, Capt. Jonathan Maltbie, for Standford. 
Mr. Joseph Strong, Capt. Peter Buel, for Coventry. 
Mr. Ebenezer West, Capt. Gershom Clark, for Lebanon. 
Mr. James Bicknal, Mr. William Wadkins, for Asbford. 
Mr. Samuel Pitch, Mr. Elnatlian Hanford, for Norwalk. 
Capt. James Bebee, Mr. Thomas Benedict, for D anbury. 
Capt. James Cornish, Mr. John Humphrey, for Symsbury. 
Capt. Theophilus Nickols, Mr. Joseph Booth, for Stratford. 
Capt. Timothy Hopkins, for Waterbury. 
Capt. Josejjh Plielj)s, Mr. Benjamin Skinner, for Hel)ron. 
Mr. John Hitchcock, Ca])t. Samuel Sherman, for New Haven. 
Capt. Samuel Burr, Mr. Tbaddeus Burr, for Fairfield. 
Mr. Ebenezer Backus, Mr. Daniel Huntington, for Norwich. 
Capt. Asahel Strong, Capt. Hez'» Lee, for Farmingtowu. 



1747.] OP CONNECTICUT. 267 

Capt. Jolin Fowler, Capt. Nathan Baldwin, for Milford. 

Colo. William Preston, Mr. Noah Hinman, for Woodberry. 

Capt. Nath' Harrison, Mr. Jonath. Russell, for Brandford. 

Capt. John Riggs, Capt. Samuel Bassett, for Derby. 

Colo. Thomas Welles, Mr. Abner Moseley, for Glassenbury. 

Mr. David Noble, Mr. Samuel Canfield, for New Milford. 

Mr. John Crarey, Mr. William Marsh, for Plainfield. 

Colo. John Dyer, Mr. Stephen Frost, for Canterbury. 

Capt. Timothy Stone, Mr. Samuel Robinson, for Guilford. 

[394] Capt. Jabez Chapman, for East Haddam. 

Mr. Hez'i Brainerd, for Haddam. 

Mr. Joseph Denison, Capt. Rufus Minor, for Stoningtown. 

Major Elihu Chauncey, Mr. James Wadsworth jun., for Dur- 
ham. 

Capt. Richard Olmstead, Mr. Samuel Olrastead, for Ridgfield. 

Mr. Ebenezer Bateman, Major Hez'' Sabin, for Killingly. 

Colo. Benja. Hall, Capt. AVilliam Ward, for Wallingford. 

Capt. Robert Dixson, Capt. Isaac Gallopp, for Voluntown. 

Capt. Pelatiah Allyn, Capt. Roger Wolcott, for Windsor. 

Capt. Charles Bulkley, Capt. Timothy Wright, for Colchester. 

Capt. Joseph Sandford, Capt. Thomas Harrison, for Litchlield. 

Mr. Benja. Gale, Capt. Elnathan Stephens, for Killingsworth. 

Mr. Humpln-ey Avery, Mr. Roger Billings, lor Preston. 

Capt. Thomas Storrs, Mr. William Johnson, for Mansfield. 

Capt. Israel Knapp, Capt. John Mead, for Greenwich. 

Capt. Jedadiah Chapman, Mr. Ambrose Whittelsey, for Say- 
brook. 

Mr. Thomas Gotten, Mr. Ebenezer Holbrook, for Pomfrett. 

Mr. John Griswould, Capt. Elisha Slielden, for Lyme. 

Capt. Thos Tousey, Mr. Jolni Northrop, for Newtown. 

Colo. John Chester, Colo. Elizur Goodrich, for Weathersfield. 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Colo. Christopher Avery, Mr. John Ledyard, for Groton. 
Colo. Thomas Welles, Speaker, ) of the House of Rep- 
Capt. John Fowler, Clerk, \ resentatives. 

This day being appointed by the royal charter and the laws 

of this Colony for the Election of the publick officers of the 

Colony, viz : Governor, Deputy Governor, Assistants, Treas- 
urer and Secretary, proclamation was made, and the freemen 

proceeded to give in their votes to persons appointed by the 

Governor, Council and Representatives, to receive, sort and 

count them ; which persons were Nathaniel Stanly, William 

Pitkin, Thomas Fitch, Roger Newton, Ebenezer Sillimaji, 

John Bulkley, Andrew Burr, Esqf^ Mr. Joseph Buckingham, 

Capt. Charles Bulkley, Capt. Samuel Sherman, Major Elihu 



268 PUBLIC RECORDS [May, 

Chauncey, Capt. Elisha Shelden, Mr. Ebenezer Baokus, Colo. 
Jonathan Hoit, Mr. Thaddeus Burr, Colo. John Dyer, and 
Capt. Eleazer Carey, (who were all sworn to a faithfnl dis- 
charge of" that trust.) And tlie freemen's votes being brought 
in, sorted and counted. 

The Honourable Jonathan Law,Esq'', was chosen Governor 
of this Colony for the year ensuing, and the Governor's oath 
prescri!)ed by the law of this Colony, and the oath required 
by act of Parliament, relating to trade and navigation, were 
idministered to him by his Honour the Deputy Governor in 
the presence of the Assembly. 

Tlie Honbie Roger Wolcott, Esq% was chosen Deputy Gov- 
ernor of this Colony the year ensuing, and was sworn, accord- 
ing to law, by his Honour the Governor in the presence of the 
Assembly. 

James Wadsworth, Esq"", Roger Newton, Esq'', 
Nathaniel Stanly, Esq"", Ebenezer Silliman, Esq'', 
Timothy Pierce, Esq^, Jonathan Trumble, Esq'', 
Samuel Lynde, Esq"", John Bulkley, Esq'', 

William Pitkin, Esq^, Andrew Burr, Esq"", 
Thomas Fitch, Esq'', John Chester, Esq% 

[395] were chosen Assistants for the year ensuing, || and the 
Assistant's oath, provided by law, was administred to the said 
James Wadsworth, Nathaniel Stanly, Samuel Lynde, William 
Pitkin, Thomas Fitch, Roger Newton, Ebenezer Silliman, 
Jonath. Trumble, John Bulkley, Andrew Burr, and John 
Chester, Esq'"% by his Honour the Governor. 

John Whiting, Esq^, was chosen Treasurer of this Colony, 
for the year ensuing, and had the Treasurer's oath, provided 
by law, administred to him by his Honour the Governor. 

George Wyllys was chosen Secretary of this Colony for the 
year ensuing, and had the Secretary's oath, provided by law, 
administred to him by his Honour the Governor in the pres- 
ence of the Assembly. 

Several members of the Assembly, who had not taken the 
oaths provided by act of Parliament instead of the oaths of 
allegiance and supremacy, now took the said oaths, and like- 
wise the oath of abjuration, and made the declaration against 
popery. 

Ordered, That Ebenezer Silliman, Esq"", and Mr. Thaddeus 
Burr, return the thanks of this Assembly to the Reverend Mr. 
Nathaniel Hun, for his sermon delivered before tlieni on the 
14tli of May instant, and desire a copy thereof that it may be 
printed. 

This Assembly do appoint the Hon'''e Roger Wolcott, Esqf, 



1747.] OP coNNECticuT. 269 

to be Chief Judge of the Superior Courts in this Colony the 
year ensuing. 

Tliis Assembly do appoint James Wadsvvorth, Esq"", William 
Pitkin, Esqf, Ebenezer Silliman, Esq^ and John Bulkley, Esq"", 
to be Judges of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint William Pitkin, Esq"", to be Judge 
of the County Courts in the county of Hartford the year 
ensuing. 

This Assembly do appoint Joseph Buckingham, Esq% to be 
Judge of the Court of Probate in the district of Hartford the 
year ensuing. 

This Assembly do appoint John Bulkley, Esq"", to be Judge 
of the Court of Probate in the district of East Haddam the 
year ensuing. 

This Assembly do appoint Ebenezer Marsh, Esq"", to be 
Judge of the Court of Probate in the district of Litchfield the 
year ensuing. 

This Assembly do appoint Thomas Welles, Henry Allyn, 
and Jabez Hamlin, Esq^s, to be Justices of the Peace and Quo- 
rum in and for the county of Hartford the year ensuing. 

This Assembly do appoint Joseph Buckingham, Joseph Tal- 
cott, George Wyllys, David Goodrich, Edward Bulkley, Roger 
Wolcott, jun'", William Wolcott, jun'', Mr. Daniel Bissell, Giles 
Hall, Joseph White, Thomas Johnson, Seth Wetmore, William 
Wadsworth, Thomas Hart, Jolni Hart, Asahel Strong, Thomas 
Hart, Jonathan Hale, John Humphrey, Joseph Wilcoxson, 
Hezckiah Brainerd, Jabez Chapman, Stephen Horsmer, jun"", 
Nathaniel Foot, Epaphras Lord, Benjamin Skinner, Joseph 
Phelps, Thomas Pitkin, Zebulon West, Samuel Dimmock, 
Ebenezer Marsh, Joseph Bird, Isaac Kellogg, Ebenezer Ly- 
man, John Beacli, George Holloway, Timothy Hatch, Joseph 
Pitkin, Elizur Goodrich, Charles Bulkley, Esq^s^ to be Justices 
of the Peace in and for the county of Hartford the year 
ensuing. 

This Assembly do appoint Roger Newton, Esq'', to be Judge 
of the County Courts in the county of New Haven the year 
ensuing. 

This Assembly do appoint Joseph Whiting, Esq"", to be 
Judge of the Court of Probate in the district of New Haven 
for the year ensuing. 

This Assembly do appoint Samuel Hill, Esq"", to be Judge 
of the Court of Probate in the district of Guilford the year 
ensuing. 



270 PUBLIC RECORDS [May, 

This Assembly do appoint Samuel Hill, Benjamin Hall, 
John Fowler and John Hubbard, Esqf^, to be Justices of the 
Peace and Quorum in and for the county of New Haven the 
year ensuing. 

This Assembly do appoint Joseph Wliiting,-, Samuel Bishop, 
Isaac Dickerman, John Hitclicock, Deodate Davenport, Rob- 
ert Treat, Nathan Baldwin, John Russell, Jonathan Russell, 
[396] Andrew Ward, Samuel Hopson, Tliomas Hodgskins, 
Timothy Stone, Elihu Chauncey, Theophilus Yale, Samuel 
Hall, Elihu Hall, Ezekiel Royce, John Riggs, Samuel Bassett, 
Samuel Riggs, John Southmaid, Thomas Clark, Roger Brown- 
son, Samuel Canfield, Natlianiel Bostwick, Samuel Hutcliinson, 
John Williams, Thomas Chipman, Timoth}^ Russell, Nathaniel 
Harrison, and Samuel Sherman and Thos. Mathews, jun", 
Esqi'S to l)e Justices of the Peace in and for the county of 
New Haven the year ensuing. 

This Assembly do appoint Samuel Lynde, Esq% to be Judge 
of the County Coui't in and for the county of New London 
the year ensuing. 

This Assembly do appoint John Richards, Esq"", to be Judge 
of the Court of Probate in the district of New London the 
year ensuing. 

This Assembly do appoint John Griswould, Christopher 
Avery jun"", Isaac Huntington, Jeremiah Miller and Richard 
Lord, Esqfs, to be Justices of the Peace and Quorum in and 
for the county of New London the year ensuing. 

Tliis Assembly do appoint Simeon Minor, Joseph Denison, 
John Whiting, Nathan Cheesbrough, Jedadiah Tracey, Humph- 
rey Avery, Samuel Morgan, Nathaniel Brown, Jabez Hide, 
Samuel Lothrop, Ebenezer Backus, Daniel Huntington, Luke 
Perkins, John Ledyard, Joshua Hempstead, John Ricliards, 
Joshua Raymond. Daniel Colt, Gurdon Saltonstall, Stephen 
Lee, Daniel Ely, Elisha Sheklen, Nath' Clark, Jedadiah Chap- 
man, John Tully, Ambrose Whittelsey, Benjamin Gale, Isaac 
Kelsey, Abraham Pierson, Elnathan Stephens, and Benjamin 
Lee, Esqrs, to be Justices of the Peace in and for the county 
of New London the year ensuing. 

This Assembly do appoint Andrew Burr, Esq^, to be Judge 
of the County Coui-ts in the county of Faiifield the year 
ensuing. 

This Asseml>ly do appoint El)enezer Silliman, Esq"", to be 
Judge of the Courts of Probate in the district of Fairfield the 
year ensuing. *; >. 

This Assembly do appoint Joseph Minor, Esq'', to be Judge 



1747.] OF CONNECTICUT. 271 

of the Court of Probate in the district of Woodberry the year 
ensuing. 

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge 
of the Court of Probate in the district of Standford the year 
ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of the Court of Probate in the district of Danberry the 
year ensuing. 

This Assembly do appoint Edmund Lewiss, John Thompson, 
Jonathan Hoit, William Preston, Esq's, ^q \)q Justices of the 
Peace and Quorum in the county of Fairfield the year ensuing. 

This Assembly do appoint Joseph Blackleach, Theophilus 
Nickels, Samuel Addams, Robert Walker, Thomas Tousey, 
Job Sherman, Joseph Minor, Noah Hinman, James Beebe, 
Thos. Benedict, John Read, Tliaddeus Burr, Samuel Sher- 
wood, Moses Dimon, jun'', Samuel Handford, Samuel Fitch, 
James Lockvvood, Jonathan Maltbie, Nathaniel Peck, Richard 
Olmstead, Israel Knapp, James Benedict, 'Ephraim Hubbell, 
Samuel Betts, William Burr, Samuel Grigory, and Hez^ 
Hooker, Esqr% to be Justices of the Peace in and for the 
county of Fairfield the year ensuing. 

This Assembly do appoint Jonathan Trumblc, Esqf, to be 
Judge of the County Courts in the county of Windham the 
year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq'", to be 
Judge of the Court of Probate in the district of Windham 
the year ensuing. 

This Assembly do appoint Bbenezer West, Shubael Conant 
and John Dyer, Esq""**, to be Justices of the Peace and Quo- 
rum in and for the county of Windham the year ensuing. 

This Assembly do appoint Joseph Strong, Joseph Leavinz, 
Leicester Grosvenour, Joseph Cadey, Peter Buel, Thomas 
Storrs, John Crery, Joseph Fowler, Gershom Clark, Nathaniel 
Huntington, Jos. Palmer, Thomas Tiffany, Ebenezer Hol- 
brook, Nathaniid Wales, Joseph Clark, Eliphalet Dyer, Samuel 
Danielson, James Bicknal, and John Smith jun^, Esq""**, to be 
Justices of the Peace in and for the county of Windham the 
year ensuing. 

An Act appointing a Court of Probate in the County of Windham and for 
limiting the District thereof. 

Be it enacted by the Grovernor, Ooimcil and Representatives ^ 

[o97] in General Court || assembled, and by the authority of the 

same, That the towns of Plainfield, Canterbury, Killingly, 

Pomfrett and Voluntovvn, all in the county of Windham, be 

one entire district for holding a court of probate, and shall be 



272 PUBLIC RECORDS [May, 

kiiovvii by the name of the District of Plainfield ; and said 
court shall he held by one judg;e and clerk, with powers and 
privilefi:;es that the other courts of probate in this Colony 
have; and in all cases where the law allows of appeals, they 
shall be made to the superior court holden at Windham. 

This Asseml)ly do appoint Timothy Pierce, Esq^ to be 
.fudge of the Court of Probate in the district of Plainfield 
the year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq"", John 
Chester, Esq"", Mr John Humphrey, Capt. Asahel Strong, 
Ca.))t. Samuel Sherman, Capt. Elisha Shelden, Mr. Ehiathan 
Hand ford, and Capt. Gershom Clark, to be Auditors to audit 
the Colony accounts with the Treasurer. 

This Assembly do establish and confirm Mr. Samuel Ad- 
dams to be Ca|)tain of the company or trainband at the 
parish of Riptou, and order that he be commissioned accord- 
ingly. 

This AssemV)ly do establish and confirm Mr. Sevigiiion 
Lewiss to be Lieutenant of the company or trainband at the 
parish of Ripton, and order that he be commissioned accord- 
ingly. 

This Assembly do estaldish and confirm Mr. Joseph Shel- 
ton to be Ensign of the company or trainband at the ])arish 
of Ripton, and order that he be commissioned accordingly. 

This Assembly do cstaldish and confirm Mr. Jonathan 
Bates to be Captain of the company or trainband at the 
parish of Midlesex, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jonathan Sel- 
Icck to be Lieutenant of the company or trainband in the 
parish of Midlesex, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Thomas 
Handford to be Ensign of the comj)any or trainband in the 
parish of Midlesex, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Peter Bulkley 
to be Captain of the com|)any or trainband in the parish of 
New Salem, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Carew 
to be Cornet of the Troop of Horse in the 3d regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Richard Bush- 



1747.] OP CONNECTICUT. 273 

nell to be Quarter-Master of the Troop in the 3d regiment in 
this Colony, and order that he be commissioned accordingly. 

This Asseml^ly do establish and confirm Mr. David Crocker 
to be Captain of the 4th company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Daniel Deni- 
son to be Lieutenant of the 4th company or trainband in the 
town of New London, and order that he be commissioiited 
accordingly. 

This Assembly do establish and confirm Mr. John Dart to 
be Ensign of the 4th company or trainband in the town of 
New London, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Bel- 
den to be Captain of the 9tli company or trainband in tlie 
Gth regiment in this Colony, and order that lie be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Ebenezer Wright 
to be Ensign of the 9th company or trainl)and in the 6th regi- 
ment in tliis Colony, and order that he be commissioned ac- 
cordingly. 

Til is Assembly do establish and confirm Mr. Daniel Brad- 
ley to be Captain of the 5th company or trainband in the 
town of Fairfield, and order tliat he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Bradley 
to be Lieutenant of the 5th company or trainband in the 
town of Fairfield, and order tliat he be commissioned accord- 
ingly. 

Tins Assembly do establish and confirm Mr. David Banks 
to be Ensign of the 5th company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Sher- 
wood to be Captain of the company or trainband in the 
parish of Stratfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Hezekiah 
Odell to be Lieutenant of the company or trainband in the 
parish of Stratfield, and order that he be commissioned ac- 
cordingly. 

[398] This Assembly do establish and confirm Mr. Samuel 
Odell to be Ensign of the company or trainband in the parish 
of Stratfield, and order that he be commissioned accordingly. 

35 



274 PUBLIC RECORDS V^^Yy 

This Assembly do establish and confirm Mr. Elihu Ketcham 
to be Lieutenant of the south coui])any or trainband in the 
town of Sharon, and order that lie be commissioned accord- 
ingly. 

This Assembly do establish Mr. Philip Kirtland to be Cap- 
tain of the 8th company or trainband in the 7th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Deni- 
son to be Lieutenant of the 8th company or trainband in tlie 
7th i-egiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Jolin Pj-att to 
be Ensign of the 8th company or traiiil)and in the 7th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr, Josiah Roots 
to be Quarter-Master of the Troop of Horse in the loth regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

Tliis Assembly do establish and confirm Mr. Caleb Mathews 
to be Captain of the 6th company or trainband in the town 
of Farming-town, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Samuel Gay- 
lord to be Lieutenant of the 6th company or trainband in the 
town of Farmingtown, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Edward Gay- 
lord to be Ensign of the 6th company or train}>and in the 
town of Farmingtown, and order that lie be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Caleb Allyn 
to be Captain of the second company or trainband in the 
town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Israel Munson 
to be Lieutenant of the 2d company or trainband in the 
town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Brad- 
ley jun'', to be Ensign of the 2d comjiany or trainband in 
the town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Hubbard 



1747.] OF CONNECTICUT. 275 

to be Captain of the first company or trainband in the town 
of New Haven, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. James Peck 
jun'', to be Lieutenant of tlie 1st company or trainband in 
the town of New Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. David Austin 
to be Ensign of the 1st company or trainband in the town of 
New Haven, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Josiah Olcott 
to be Ensign of the 6th company or trainband in the town of 
Hartford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Josiah Meiggs 
to be Captain of the 6th company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Daniel Bishop 
to be Lieutenant of the 6th company or trainband in the 
7th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. David Field 
to be Ensign of the 6th company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Spen- 
cer to be Lieutenant of the company or trainband at the 
parish of Millington, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Eden Bur- 
roughs to be Ensign of the 4th company or trainband in 
the town of Woodbury, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Ebenezer 
Thomas to be Ensign of the 3d company or trainband in the 
town of Woodl)ury, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Joel Northrop 
to be Captain of the company or trainband at the parish of 
Amity, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Stephen Sand- 
ford to be Ensign of the company or trainband in the parish 
of Amity, and order that he be commissioned accordingly. 

[399] This Assembly do establish and confirm Mr. Nathan 



276 PUBLIC RECORDS [May^ 

Botsfoid to be Ensign of the Ist company or trainband in 
the town of New Milford, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel Butler 
to be Captain of the 3d company or trainband in the town of 
Weathersfield, and order that lie be commissioned accordingly. 

This Assembly do establish and confirm Mr. Thomas Wells 
to be Ensign of the 3d company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan 
Starr to be Lieutenant of the 2d company or trainband in 
the town of Danbury, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. David Hoit to 
be Ensign of the 2d company or trainljand in the town of 
Danbury, and order that he be commissioned accordingly. 

This Assembly do estal)lish and confirm Mr. Stephen White 
to be Captain of the company or trainband in the parish of 
Stand wich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jonathan Dib- 
ble to be Lieutenant of the company or trainband in the 
I)arish of Standwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Benjamin 
Webb to be Ensign of the company or trainband in the 
parish of Standwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel 
Lothrop 3d to be Lieutenant of the (itli company or trainband 
in the town of Norwich, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Isaac Wood- 
worth to be Ensign of the 6tli company or trainband in the 
town of Norwich, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. John Murdock 
to be Lieutenant of the 10th company or trainband in the 
7th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Asseml)ly do establish and confirm Mr. Benjamin Day 
to be Lieutenant of the company or trainband in the 3d 
society in the town of Colchester, and order that he be commis- 
sioned accordingly. 



1747.] . OF CONNECTICUT, 277 

This Assemljly do establish and confirm Mr. Abel Forward 
to Ije Lientenant of the company or trainband at the parish of 
Tuiky Hills in the town of Symsbury, and order that he be 
commissioned accordingly. 

This Assembly do establish and confirm Mr. Martin 
Winchell to be Ensign of the company or trainband at the 
jiaiish of Turky Hills in the town of Symsbnry, and order 
ihat he be commissioned accordingly. 

This Assembly appoints John Cbester, Esq"", to be of the 
Quorum in the county of Hartford the year ensuing. 

Resolved hy this Assembly, That John Bulklcy, P]sq'', be 
appointed, and he is hereby appointed, with full power and 
authority to settle tlie accounts with the legatees of Capt. 
John Pickett, late of New London, deceased, concerning the 
storage of tlie small-arms which were in the custody of the 
said Pickett, and, on their shewing who have received the 
same, to give order on the treasury for them to receive there- 
from what is in equity due for the storage thereof, and also 
discharge said estate therefrom. 

Resolved hy this Assembly, That Jonathan Trumble, Esq"", 

be appointed, and he is hereby appointed, to examine into the 

receipts given fur the premium granted and paid for the 

company under the connnand of Capt. Robert Denison in 

the expedition to Cape Breton; it being reported that the 

premium for that company hath been paid once into the hand 

of Colo. Simon Lothrop, and twice into tlie hands of said 

Cai)t. Robert Denison, through mistake. And the said 

Jonath. Trumble, Esq!", is further directed to account with 

the said Colo. Lothrop and Capt. Denison respecting the 

same, and to recover and receive the money that hath been 

so paid out by mistake, and deliver the same into the hands 

of the Treasurer, taking his receipt therefor. 

An Act giving further Encouragement for the destroying Wolves in this 

Colony. 

Be it enacted by the Governor, Council and Representatives, 

in G-eneral Court assembled, and by the auihority of the same. 

That for the future tlic premium allowed for killing any wolf 

or wolves, &c., shall be tlie sum of ten pounds old tenour out of 

the publick treasury of said Colony, and the sum of five pounds 

out of the town treasuries ; and all under the same regulations as 

is by law already provided ; and half so much for every wolf's 

whelp. 

[400] An Act directing how Taxes granted by the General Assembly 
to be levyed upon Lands in some of our Towns and Societies 
shall be collected. 

Whereas this Asseml>ly, for the speedy settling of and more 

equal raising the taxes in some of our towns and ecclesiastical 



278 PUBLIC RECORDS . [May, 

societies, have granted a tax upon the lands in such town or 
society, and for want ot" particular direction how such tax 
sliould be collected much difficulty hath arisen: Which to 
prevent. 

Be it enacted hij ilte Grovernor^ Council and Representatives, in 
G-eneral Court assembled, and b// the authority of the same. 
That wiiensocver tliis Assembly shall grant a tax to l)e levyed 
upon the lands of any such town or society, the same shall be 
demanded as other rates or taxes by law ought to be, and if 
the owner or owners of such lands do not pay such tax to the 
collector chosen to gather the- same, then such officer may 
;ipply to some assistant oi' justice of the ])eace, who shall grant 
liim a writ, by force whereof such collector may proceed 
to levy the tax or taxes not paid as aforesaid, in the same 
form and manner as town or society taxes ought to be 
levyed. 

And it is further enacted. That in every case wherein this 
Assembly hath granted any tax, as aforesaid, and the same is 
not already levyed, tlie collector or collectors of such tax shall 
proceed to collect the same as abovementioned : always pro- 
vided, that if the owners of any land taxed, or that shall be 
taxed, by order of this Assembly as aforesaid, and such 
owner l)e or shall be taxed or greater taxes levyed of them 
than what this Assembly hath or shall grant, then, in every 
such case, such owner may make complaint to the county 
court in the county where such lands do lye, which court shall 
]>rocecd to hear such complaint and grant relief to all persons 
they shall find wronged and oppressed by any collector, town 
or society, and tax costs to the person unnecessarily vexed in 
such affair. 

This Asseml)ly do establish and confirm Mr. Daniel South- 
maid to 1)0 Captain of the company or trainband in the town 
of Waterbury, and order that he be commissioned accord- 
ingly. 

This Assem])ly do establish and confirm Mr. Thomas 
Porter to be Lieutenant of the company or trainband in the 
town of Waterbury, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Gershom 
Fulford to be Ensign of the company or trainband in the 
town of Waterbury, and order that he be commissioned ac- 
cordingly. 

This Assembly being informed that the inhabitants living 
on that tract of land in this C(jlony commonly known by the 
name of Mortlake, not being included within the limits of 



1747.] OV CONNECTICUT. 279 

any particular town bounds, whereby they hitherto have escap- 
ed paying any publick tax to said Colony, and the said inhab- 
itants being conveniently situated to the town of Pomfrett: 
Resolved by this Assembly, that the Secretary of this Colony 
shall give proper and due notice to the said inhabitants to ap- 
pear at the General Assembly to be holden at New Haven in 
October next, if they see cause, to shew reason, if any they 
have, why said inhabitants should not be annexed to the said 
town of Pomfrett. 

This Assembly doth impower and order Capt. Titus Hurl- 
burt to inlist twenty effective men, in equal proportion, out 
of the two military companies in tlie town [)lat in New London, 
to attend at the Battery in said New London, there to be ex- 
ercised in the best manner to qualify them so as to improve 
said l)attery to the best defence of that port and place, and the 
most effectual repelling any agressor; which company is 
ordered at all times, at lialf an hour's warning, to be in read- 
iness to attend on every emergency, and particularly to appear 
and attend two days in a month from the first of June to the 
first of Noveml)er, and do duty, for which two days they shall 
be allowed souldiers wages, and are to l)e under the same 
regulation with other military companies, and shall be exempt 
from all duty in the companies from which they were detached, 
during the time of said five months. 

Resolved htj th'm AsseniMf/, That Titus Hurlburt, Captain of 
the Battery of New London, be allowed the sum of forty 
pounds old tenour out of the publick treasury, for his last 
year's service in the capacity aforesaid. 

Upon the memorial of the President and Fellows of Yale 
College in New Haven, representing that the present 
college house is not large enough to entertain one half 
of the students, and that there is a necessity of a new 
house of about one hundred and ten feet in length and thirty- 
eight feet in breadth and three stories high besides the gar- 
[401] rets, praying this Assembly || to take the matter into 
their consideration at this time, and grant that money neces- 
sary for the building of such an house may lie raised in such 
a maimer as under the present circumstances of the govern- 
ment may be thought most convenient: 

Resolved by this Asseynbl//^ That there be a pub[lick] lot- 
tery of fifty thousand pounds old tenour concerted and drawn 
in the usual and proper form of publick lotteries, at New Haven 
in the county of New Haven, and that fifteen per cent, be de- 
ducted out of each prize, for building of said house and charge 
of said lottery. 



280 PUBLIC RECORDS [May, 

And it is further ordered and enacted^ That the said affair 
of the lottery shall be forthwith proceeded upon, and that 
Capt. John Hubbard, Mr. Samuel Mix and Mr. Chauncey 
Whittelsey, all of New Haven, be the directors and managers 
thereof, who may appoint tlieir clerks for said purpose ; and 
the said directors or managers, and the clerk or clerks by 
them appointed, shall be sworn before his Honour the Governor 
to a faithful discharge of their trust, or before some Assistant 
in this Colony, and shall receive the sum of two hundred 
pounds old tenour as a reward for their service in said affair, 
to be deducted out of said fifteen per cent. 

And it is further enacted, That if any person shall forge, 
counterfeit or alter any ticket in imitation of any ticket signed 
by the said directors or any other person by their orders, or if 
any person shall by virtue of any such forged, counterfeit or 
altered ticket, (knowing the same to V)e such,) claim any 
prize in tlie said lottery, he shall incur the same penalty, on 
conviction thereof, as persons by law are liable to in other 
cases of forgery. And the money which shall be raised by 
the lottery as aforesaid shall )emain in the hands of the afore- 
said directors and managers of said affair, to be disposed of 
in erecting a college as aforesaid, according to such orders as 
shall be given by this Assembly from time to time. 

This Assembly grants to Mr. Timothy Green, printer, the 
sum of eighteen pounds in bills of publick credit new tenour, 
for his last half years salary. 

Upon the memorial of the town of Salisbui-y, by their agent 
Mr. Thomas Chipman : Resolved by this Assembly, that Major 
Ebenezer Marsh, Capt. Joseph Bird and Capt. Jose})h Sand- 
foj'd, all of Litchfield, be a committee to fix a place for the 
said town to build a meeting-house upon, and make return 
of their doings to this Assembly at their sessions in October 
next. 

Uj)on the memorial of Mr. Salmon Treat, of Preston, 
setting forth tlsat upon the invitation of the inhabitants of said 
town he had been settled in the ministry in that place and 
continued there in the south society until the 14th day of 
March, A. D. 174f , and the said Mr. Treat produced two votes 
of the said inhabitants : in tlie first they granted to said Mr. 
Treat the sum of forty pounds per year in money with the 
addition of two pounds per year until the said sum should 
amount to fifty pounds, &c. ; and in tlie second vote, which 
was past on the 20th day of December, 1710, the said town 
declared they had before granted unto the said Mr. Treat the 
said fifty pounds per year, and that they had also got his fire- 



1747.] OP CONNECTICUT. 281 

wood, and thereupon vote him sixty-two pounds per year, pro- 
vided said Mr. Treat did clear the town from getting said 
wood ; and notwithstanding the said two votes, the said society 
had refused to pay said Mr. Treat his full salary for the last 
four years and two months he continued in the ministry there ; 
and that thereupon he had brought his action against Hez^. 
Parks, Jedadiah Tracey sen^., and the rest of the inhabitants 
of said society, and that said action came to the superior court 
at New London the fourth Tuesday of September last, where 
final judgment was given against said Treat, to his great 
wrong ; and thereupon praying for a new hearing at the supe- 
rior court to be holden at New London in September next : 
In consideration whereof, it appeareth to this Assembly, that 
the said second vote of said Preston is in addition to the first 
vote above recited, and was passed to make the salary therein 
referred to larger, and not to lessen it, and that it was not 
necessary in the second vote to mention the specie in which 
said salary should be paid in, but that was settled in the first 
vote : Whereupon it is resolved by this Asseml)!y, that the 
said Mr. Treat shall have liberty of another tryal in his said 
action at the superior court to be holden at New London in 
September next, and another tryal of said case is here])y granted 
unto said Mr. Treat accordingly ; and the whole costs to follow 
sai<l tryal. 

This Assembly do establish and confirm Mr. George Dol- 
bear to be Lieutenant of the company or trainband in the 
parish of New Salem, and order that he be commissioned ac- 
cordingly. 

[402] Upon the memorial of Thomas Darling, of New 
Haven in the county of New Haven, praying for the sole lib- 
erty of making glass in this Colony, and setting forth his 
readiness to undertake and engage in said business if suitably 
encouraged therein ; and this Assembly considering the ad- 
vantage such a manufacture may be to this Colony if suc- 
ceeded : It is resolved by tiiis Assembly, that the memorialist 
and his assigns shall have the sole liberty and privilege of 
making and manufacturing glass in this Colony, and the said 
liberty and privilege is hereby granted unto them for the space 
of twenty years from this time, and all and every other per- 
son and persons are hereby forbid and prohibited setting up, 
erecting and carrying on any works, buildings, or materials 
for carrying on the business of making glass, as aforesaid, in 
this Colony for the space of twenty years next coming, with- 
out the liberty of the memorialist or his assigns, on penalty 
that every such person or persons so doing shall forfeit the 
36 



282 PUBLIC RECORDS [May, 

sum of one thousand pounds money, to be recovered by the 
memorialist or his assigns in any court proper to try the same : 
provided nevertheless, that if the memorialist and his assigns 
shall neglect or fail to erect, setup and prepare suitable works 
and materials for the making of glass, as aforesaid, for the 
space of four years, or shall fail of making the quantity of five 
hundred feet of good window-glass in any one of the remain- 
ing sixteen years after the aforesaid four years, that then this 
grant and every part thereof shall be void and of none effect, 
anything thereinbefore to the contrary in anywise contained 
notwithstanding. 

An Act for the better supporting the Currency of the Bills of Publick 
Credit on this Colony. 

Whereas the bills of publick credit on the neighbouring 
governments of New England have obtained a currency in 
this Colony and have been received and passed by the inhab- 
itants of this Colony promiscuously with the bills of credit on 
this Colony, by which means this Colony bills have sunk in 
their credit with the bills of the neighbouring governments, 
and therel)y the medium of trade has become very unstable : 
Which inconveniency for the future to prevent, 

Be it enacted by the Grovernor, Council and Rej'^resentatives, 
in General Court assembled, and by the authority of the same, 
That for the future the bills of publick credit of this Colony 
only, or silver or gold equivalent thereto, shall be accepted, 
taken or received in this Colony for and in payment of court 
and jury fees, and for imposts, duties, excise and other pay- 
ments to be made for the use of the Colony or county treas- 
uries ; and all judges and officers who shall receive any fees, 
imposts, duties, excise, or other payments for the uses afore- 
said, are hereby strictly forbid to take or receive any of the 
bills of credit of the neighbouring governments for the afore- 
said fees, imposts, duties, excise, or other payments for the 
uses aforesaid. 

Provided nevertheless. That nothing herein shall be under- 
stood to proliibit or forbid the taking and receiving the afore- 
said bills of credit of the said governments into the publick 
treasury in payment or discharge of bonds or mortgages 
heretofore given to the Governor and Company of this Colony, 
expressly allowing the recei})t of the bills of credit of the 
aforesaid governments in payment or discharge thereof, but the 
said bills may be received according to the expression in such 
bonds or mortgages contained, this act notwithstanding. 

And be it further enacted by the authority aforesaid, That all 
and every bond, bill, note or other contract, which shall be 
made in this Colony after the first day of October next, wherein 



1747.] OP CONNECTICUT. 283 

or whereby the payment of bills of credit, of any of the afore- 
said neighbouring governments or New York shall be expressly 
contracted for, shall be null and void ; any usage or custom 
in any wise heretofore to the contrary notwithstanding. 

An Act for the Regulating and Encouragement of Trade in this Colony. 

Be it enacted hi/ the (Joverfior, Couneil and Representatives , 
in Greneral Court assenihled, and hy the aittlbority of the same. 
That from and after the first day of January next all and 
every person and persons who shall import or bring into this 
Colony, either by water or land-carriage, any goods, wares or 
merchandizes, above the value of fifteen pounds new tenour, 
from the iieighl)ouring governments in New England, or from 
the governmejits of New York, New Jersey or Pensilvaiiia, 
sliall pay a duty of five pounds for every hundred pounds 
[403] worth of such goods, wares and merchandizes, || by him 
or them so imported or brought into this Colony from the 
aforesaid governments, unless the same be so imported or 
brought in by a person that is not an inhabitant of this Colo- 
ny, in which case the duty by him to be paid shall be seven and 
half per centum. The value of which goods, wares and mer- 
chandizes, at the place or port from whence they shall be 
brought, shall be esteemed the value thereof, and the said 
value being computed in bills of credit of this Colony, the 
said duties shall be paid in such bills at the said rates of five 
and seven and half p>*^'>' centum. 

And that the said duties hereby laid may he effectually col- 
lected and paid. Be it further enacted hy the authority aforesaid, 
That there shall be a collector or collectors of duties appoint- 
ed in each of the respective counties in this Colony, who shall 
collect and receive all such duties as shall become due or 
payal)le by virtue of this act ; and the Governor of this Colony 
for the time being is hereby fully impowered and desired to 
appoint and authorize such collectors, and so many of them 
as occasion shall require. 

Tliat every person or persons who shall, after the said first 
day of January next, import or l)ring into this Colony any 
goods, wares or merchandizes, from any of the aforesaid 
neighbouring governments, shall within three days next after 
such importation or bringing into this Colony, and before any 
sale or disposition thereof or of any parcel thereof be made, 
deliver to such collector a manifest under his or their hand 
containing a true account of the quantity and value of such 
goods, and make oath before such collector to the truth there- 
of, which oath such collector is hereby impowered to require 
and administer, at which time the importer or owner of said 
goods shall pay to such collector the duties laid by this act 



284 PUBLIC RECORDS [May, 

for sucli goods, wares and merchandizes, or give bond with a 
good surety to the Treasurer of the Colony for the payment 
thereof within three months, at the furthest, from that time. 

That if any person or persons sliall neglect or refuse to 
conform to this act, by not giving a manifest, or attesting 
thereto, or in not paying the said duties or giving security 
tlierefor, according to the direction in this act contained, such 
goods, wares and merchandizes, by him or them so imported 
or brought into this Colony from any of the aforesaid govern- 
ments, shall be forfeited, one-half to the Colony Treasurer 
for the use of the government, and the other half to him or 
them who shall inform thereof and prosecute such informa- 
tion to effect. 

That the said goods, wares and merchandizes, or any part 
thereof, may be accordingly seized by such collector or col- 
lectors, or by warrant from any one assistant or justice of the 
peace, and on information made to the next superior court or 
county court in the county where such seizure shall be made 
or where the importer, owner or claimer of such goods resides, 
when the same cannot be seized as aforesaid, the said superior 
or county court may proceed to hear and determine the cause 
and give judgment therein, either for the forfeiture of such 
goods, wares and merchandizes as shall be seized, and order 
the same to be sold for the purposes aforesaid ; or, in case 
there be no seizure, then they shall give judgment for the 
forfeiture of the value of said goods, wares and merchandizes 
so imported or brought into this Colony, for which no duties 
have been paid or secured to be paid as aforesaid, against such 
person or persons as hath imported or brought the same into 
this Colony contrary to the intent and meaning of this act, 
and award execution thereon accordingly ; in the tryal where- 
of the burthen of proof respecting the conformity to this act 
shall lye on the importer or claimer of such goods, wares and 
merchandizes. 

That the collectors of such duties shall deliver the said 
duties and securities, by them respectively collected or receiv- 
ed, to the Treasurer of this Colony, taking his receipt for the 
same; which duties shall lye as a fund in the treasury to 
answer the premium hereafter in this act granted for or upon 
the importation of goods, wares and merchandizes, from Great 
Britain and Ireland. 

Provided nevertheless. That nothing in this act shall be 
understood to lay a duty on the importation or bringing 
into this government cast, bar and slit iron, nails, salt, 
steel, beaver, leather, deer-skins, fish both dry and pickled, 



1747.] OF CONNECTICUT. 285 

train-oil, whale-bone, rice, tar, turpentine, window-glass and 
lumber, from any of the aforesaid neighbouring governments, 
but the same sliall be free from such duties, anything in this 
act before contained to the contrary notwithstanding. 

And whereas the encouraging and promoting a trade to 
Great Britain and Ireland will likely be greatly for the interest 
of his Majesties subjects here, as well as increase the trade of 
those Kingdoms : 

Be itftirtlier enacted hythe authority aforesaid. That if any per- 
[404] son or persons || belonging to this Colony shall, on his 
or their own proper risque and account, import from Great 
Britain or Ireland into this Colony any goods, wares or. mer- 
chandizes, and dispose of the same for the use of the inhabi- 
tants here, he or they shall receive as a premium therefor out 
of the publick treasury five pounds in bills of publick credit 
for every hundred pounds worth of such goods, wares and 
merchandizes, in the like bills of credit: the said goods to be 
valued according to invoice taken at the place of exportation 
and a just exchange thereon to be computed. 

And for the preventing of fraud in paying in the said premi- 
um, and for direction therein, 

Be it further enacted by the authority aforesaid, That the 
person or persons importing any goods, wares and merchan- 
dizes into this Colony from Great Britain or Ireland shall, 
before he or tliey shall be entituled to the said premium, make 
oath before an assistant and justice of tlie peace, or before two 
justices of the peace {quorum unus,') that such goods, wares 
and merchandizes were imported from Great Britain or 
Ireland on his or their own proper risque and account and 
have been disposed of and (bona fide^ sold in this Colony for 
the use of the inliabitants here ; which oath the said authority 
are hereby irapovvered to administer, and thereupon to draw 
an order on the Treasurer of the Colony for the payment of 
so much as shall appear to them to be justly due to such im- 
porter as a premium by virtue of this act; which orders the 
Treasurer shall pay out of the moneys or bills of credit that 
shall be brought into the treasury for the duties by this act 
laid on the importation, or bringing in of goods from the 
neighbouring governments and for the duties laid by an act of 
tliis Assembly on the exportation of lumber, so far as the said 
duties will answer, and no further. And, that the Treasurer 
may be the better able to observe and conform to this act, he 
is hereby ordered and directed to make and keep a separate 
and particular account of the duties he shall receive and of 
the premia he shall pay out pursuant to this act. 



286 PUBLIC RECORDS [May, 

And it is further enacted hy the authority aforesaid, That the 
aforesaid collectors shall be sworn to a faithful discharge of 
their ti'ust, and sliall have a reward for their service, in 
collecting and taking security as aforesaid, five per centum, 
and shall render an account to this Court when thereto 
required ; and the charge arising on the prernia aforesaid 
shall be defrayed by the person or persons receiving the same. 

This act to continue in foi'ce lor the space of live years from 
tlic first day of June next. 

An Act for laying a Duty on the Exportation of Lumber to the neigh- 
bouring Governments. 

Whereas great quantities of divers sorts of lumber are 
frequently exjjorted out of this Colony to the neighbouring 
governments, to the great destruction of timber, to the pre- 
judice of building of shipping, and to the great damage of 
our West India trade : Therefore, 

Be it enacted hy the Governor, Council and Representatives, 
in Cre)teral Court assembled, and hy the autliority of the same, 
That for all lumber of the growth of this Colony that shall at 
any time after the first of October next be shipped on board 
any vessel in any port, river, harbour, road or place of lad- 
ing in this Colony, for exportation to either of the governments 
of the Massachusets, New York, Rhode Island or New Hamp- 
shire, shall be paid a duty for the use of this government, as 
foUoweth, {viz ;) 

Fifteen shillings for each thousand of barrel staves. 

Twenty shillings for each thousand of hogshead staves. 

Thirty shillings for each thousand of pipe or butt staves. 

Thirty shillings for each thousand of hogshead heading. 

Fifteen shillings for each thousand of barrel heading. 

Twenty shillings for every tun of ship timber. 

Five shillings for every hundred foot of plank. 

Two shillings and sixpence for every hundred foot of boai'ds, and 

Twenty shillings for every cord of bark. 
All in bills of credit of this Colony new tenour, or in other 
bills of this Colony equivalent thereto. 

And, that the said duties may be effectually collected and 
paid. 

It is further enacted hy the authority aforesaid, That the sev- 
eral duties by this act laid shall be paid to and received by 
such collector or collectors of duties as shall be appointed by 
the Governor of this Colony for the time being foi' the collect- 
ing of duties arising on the importation and bringing in of 
[405] goods II from the neighbouring governments, out of 
which duties such collectors shall receive five per cejitum for 
their trouble therein. 



1747.] OP CONNECTICUT. 287 

That if any person or master of a vessel shall ship or take 
on board any vessel in any port, river, harbour, road or place 
of lading in this Colony, any quantity of the aforementioned 
sorts of lumber for exportation to any of the aforesaid neigh- 
bouring governments before entry thereof made with one of 
the aforesaid collectors of duties, and bond with surety given 
not to export such luml^er to the said neighbouring govern- 
ments, or shall export the same to any of the said governments 
before the duty by this act laid shall be paid, the said lumber 
so shipped and put on board contrary to this act, or the value 
thereof, shall be forfeited, one half to the Treasurer of this 
Colony for the use of the government, and the other half to 
the informer who shall prosecute the same to effect. 

That the said lumber so shipped may be seized by such col- 
lector, or by warrant from any assistant or justice of the peace, 
and secured for tryal at the next county court in the county 
where such seizure shall be made ; which court on information 
made of the transgression of tliis act may hear and determine 
the same, and give judgment for the forfeiture and sale of such 
lumber as shall appear to be shipped contrary to tliis act; and 
in case no seizure be made, they shall give judgment for the 
value of said lumber so exported against him or them who ex- 
ports the same contrary to this act, and award execution thereon 
for the uses aforesaid, accordingly ; and that if on the tryal of 
any such cause there shall arise a dispute about the growth of 
said lumber, the Imrthen of proof shall lye on the shipper, 
owner or claimer of such lumber, and if no claimer or owner 
appear, or no plea or dispute happens, about the growth of 
such lumber, it shall be presumed and taken for granted that 
such lumber was of the growth of this Colony ; any law, usage 
or custom to the contrary in any wise notwithstanding. 

An Act for regulating- Fees. 
Be it enacted hy the Crovernor, Council and Representatives 
in Greneral Court assembled, and hy the authority of the same, 
That the establishment of the fees belonging to the several 
officers in this Colony be as followeth, in new tenour bills, 
(viz .•) 

£ s. d. 
Assistants Fees. 
For attending the General Assembly, per diem, 10 6 
Travel per mile out, - - - 7 

Representatives Fees. 
For attending the General Assembly, per diem, 7 
Travel per mile out, - - - - 7 

Superior Courts Fees. 
Chief judge, per diem, - - - 17 6 



288 



PUBLIC RECORDS 



[May, 



Assistant judges, per diem, • - 
Trying eacli action, - - - - 

Each default or confession, . . _ 

To the jury, _ . _ . 

Clerk of the Superior Courts Fees. 
Entering each action and judgment, - 
Filing each individual testimony, - 
Each execution, . _ . _ 

Entering judgment acknowledged, - 
Copy of each testimony, _ _ _ 

County Courts Fees. 
Chief judge, per diem, _ _ _ 

Justices of the quorum, jper diem, 
For trying each action, _ _ _ 

Each judgment on default or confession, 
For a lycence to each tavern-keeper, 
To clerk for each lycence, _ . _ 

To the jury for trying each action, - 
[406] Clerk of the County Courts Fees. 

Entering every action, _ . _ 

Entering every judgment. 

For attachment, summons and executions, and 
other things proper to him, as in the as- 
sistant and justices fees. 

Court of Probates Fees. 
Granting administration, to the judge. 
Receiving and probate of every will and inven- 
tory of fifty pounds or under, whereof to 
the clerk 9c^. . - - - 

Receiving and probate of every will and inven- 
tory of above fifty pounds, whereof to the 
clerk Is. Qd. . . . . 

Each quietus, whereof to the clerk l.s. 
Recording every will and inventory of fifty 
pounds or under, - - - - 

Recording every will and inventory of above 
fifty pounds and not exceeding one hundred 
pounds, - _ _ _ 

Also 9c?. per hundred for every hundred pounds 
after the first hundred, and half so much 
for copy of the same, . . . 

Each bond for administration, and each letter of 

administration, _ . . 

Every citation, ----- 
Making out a commission, receiving and exam- 



£ 


s. 


d. 





13 


2 





17 


6 





9 





1 


1 








3 


6 








4 





2 


8 





1 


9 








7 





11 


6 





8 








10 


6 





5 


3 





3 


6 





1 


9 


1 


1 











5 





1 


9 



2 8 

3 6 

5 3 

2 

4 4 

5 3 



1747.] OP CONNECTICUT. 289 



ining the claims of creditors to insolvent 
estates, and registring the same, and mak- 
ing ont the average, whereof to the clerk 2s., 

Registring the commissioners report per page 
for each page of 28 lines, ten words in a 
line, ..... 

Entering an order upon the administrator to pay 
out the estate in proportion unto the sev- 
eral creditors returned by the commission- 
ers, - ... - 

Allowing of accompts, settling and dividing of 
intestate estates, ... 

Appointing guardians and taking bond, 

Assistant and Justices Fees. 

Attachments or summons for action, 

When bond is given, ... 

A warrant for witnesses, . _ - 

Entry and try al of an action, ... 

Every execution, . . . . 

Every warrant for criminals, ... 

Bond for appeal, . . - _ 

Copy of evidence, the least, ... 

Copy of judgment, - - - - 

Every recognizance, . . . _ 

Judgment on confession or default. 

Affidavits taken out of court, each. 

Acknowledging a deed, mortgage, or other instru- 
ment, - - . . - 
Secretarys Fees. 

Recording laws and orders of publick concern- 
ment, iw the Colony records, each, 

Affixing the Colony seal, each time. 

Each military commission, ... 

Each commission for the justices in each county. 

Commission for the judges of the superior court. 

Commission for the judges of the county court 

and court of probate, each, - - 

Each petition or memorial to the General As- 
sembly, - - - - 

To the General Assembly for every petition, - 1 15 ( 

[407] Sheriffs 'and Constables Fees. 

Serving every summons Id., if by copy, lOc^. ; serv- 
ing every attachment lOc^. ; bail-bond, Is. Id. 

Attending at a justices court when obliged to at- 
tend, for each action tryed, - - - 1 9 
37 






2 


8 





1 


9 





1 








1 


4 








7 





3 


6 





1 


9 





1 


9 








10 








7 





1 








1 








1 


9 





1 









1 


9 





1 


9 





1 


9 





8 


9 





5 


3 



9 



290 



PUBLIC RECORDS 



[May, 



£ 







d. 

2i 



- 2 



2^ 



Each mile travel out, two pence half-penny, 
Fees for plaintiff, defendant or evidences attend- 
ing any court, per diem, 
Travel for plaintiff, defendant or evidence in any 

court, per mile, _ _ _ 

Fees for a jury imployed in laying out highways 
shall be for every juror per t?2m. 
And the sheriff attending on said jury, per diem, 
Town Clerks Fees. 
For recording a deed, . . . . 

For copy of deed, - . . - 

To survey bill, ----- 
To recording a marriage, - - - 

To recording a birth or death. 

Leather Sealers Feea. 
For each dicker, - - - - 

For a single hide, - - - - 

Half a dicker, _ . - . 

Attorney Fees. 
In taxing bills of cost, (the parties that recover,) 
For attorneys fees at county court. 
In the superior courts, _ - - 

County Surveyors Fee per diem, besides his expences, 

Sheriffs and Constables Fees. 
Sheriff for tending General Assembly, superior 
and county court, per diem, - - - 

Constables fee for tendance, &c., 
For levying every execution, not exceeding five 

pounds, - - . - 

For every execution of more than five pounds, 

not exceeding twenty pounds. 
For all executions more than twenty pounds, not 
exceeding forty pounds, - - . 

And for every twenty pounds above forty, two 
shillings, and so proportionably for greater 
or lesser sums. 

Sealers of Weights and Measures Fees. 
For each weight and measure. 

Recorder of Horses Fee. 
For branding and recording every horse kind, 

This act to continue in force for the space of one year, and 
no longer. 

Resolved hy this assembly. That Mr. Daniel Edwards, of 
Hartford, be impowered, and he is hereby fully authorized 
and impowered, to sue out all the bonds given for the pay- 






6 


3 





7 








1 


4 





1 


4 








7 








6 








3 





1 


6 








4 





1 








8 








16 








8 








6 


6 





5 


6 



3 



4 



8 



4 
6 



1747.] OP CONNECTICUT. 291 

ment of the first half of the principal sum borrowed in new 
tenour bills, and loaned by order of this Assembly in the 
county of Hartford and remain unpaid, and to proceed to final 
judgment and execution according to the common rules and 
course of the law; and the money, when recovered and received, 
to pay into the hands of the Treasurer of this Colony, taking 
his receipt therefor, and to lodge the same with the Secretary. 
And Capt. Elihu Hall of Wallingford is in like manner fully 
authorized and impowered to sue out the bonds given in 
the county of New Haven for the said first half of the new 
[408] tenour || bills loaned out as aforesaid, and to proceed and 
do therein according to the above directions. And Mr. Ebene- 
zer Backus, of Norwich, is in like manner fully authorized and 
impowered to sue out the bonds given in the county of New 
London, for the said first half of the new tenour bills loaned as 
aforesaid, and to proceed and do therein according to the above 
directions. And Capt. Robert Walker, of Stratford, is in like 
manner fully authorized and impowered to sue out such bonds 
which were given in the county of Fairfield, and to proceed 
therein according to the above directions. And Jonathan 
Trumble, of Lebanon, Esq% is in like manner fully authorized 
and impowered to sue out such bonds which were given in the 
county of Windham, and to proceed therein according to the 
above directions. And the Treasurer is hereby directed to de- 
liver out to the several persons above named the respective 
bonds belonging to each of the aforesaid counties which re- 
main unpaid, taking their receipts for the bonds given into 
each of their hands. 

Resolved hy this Assembly, That, for the future, the wages 
of the officers, seamen and souldiers, imployed on board the 
Colony sloop Defence shall be as follow, in bills of credit of 
the new tenour, viz: 

£ s. d. £ s. d. 

To the captain. To the lieutenant, 

per diem, 7 6 per diem, 5 
To the master, 3 10 To the carpenter, 3 6 
To the mate, 3 To the boatswain, 3 
To the gunner, 3 To the doctor, 3 10 
To the cook, 3 To the chaplain, 3 10 
To an able seaman, 2 8 To souldiers and or- 
dinary seamen, 2 

An Act in Addition to an Act intituled An Act for regulating the Mili- 
tia. (Page 494.) 

Be it enacted hy the Crovernor, Council and Representatives, 
in Greneral Court assembled, and by the authority of the same. 
That if any person belonging to any foot company and liable 



292 PUBLIC RECORDS [May, 

to train or be viewed on days appointed by law for viewing 
of arms, having been duly warned and not appearing and at- 
tending the same, shall pay a fine of three shillings in new 
tenour bills for each days neglect; any law, usage or custom 
to the contrary notwithstanding; and also that drummers 
shall have three shillings new tenour jogr diem. 

An Act for raising and stating the Fare of the Ferry across Connecti- 
cut River, commonly called Rocky Hill Ferry in Weathersfleld. 

Be it enacted by the Crovernor, Council and Jiepresentatives, 
in G-eneral Court assembled., and by the authority of the same, 
That for the future the fare of said ferry shall be as follotveth, 
(viz:') for man, horse and load, nine pence ; for a foot man, 
five pence, and for a led horse, six pence, all old tenour. 

This Assembly do appoint Mr. Cyprian Webster, to be a 
Justice of the Peace for the county of Hartford for the year 
ensuing. 

Resolved by this Assembly, That the town of Tolland send 
into this Assembly in October next the sum total of their list, 
as the law directs. 

Whereas the estate of Samuel Weed*, of Derby, both real 
and personal, is forfeited to this government, and is by this 
Assembly ordered to be sold to the best advantage by a com- 
mittee appointed for that purpose ; and this Assembly being 
now informed that since the same has been declared to be 
forfeit, some persons, under colour of title from the said Samuel 
Weed, have entered into his lands and would prevent the or- 
ders aforesaid taking effect : This Assembly do appoint and 
fully empower Capt. Elihu Hall, of Wallingford, in the name 
of the Governor and Company, to commence a suit or suits, 
as the case may require, to eject any person or persons that 
have entered or may hereafter enter into any of the said 
Weed's lands forfeited to this government as aforesaid, and 
the same to prosecute from time to time until such incum- 
brances may be removed ; which shall be done at the charge 
of this government. 

Resolved by this Assembly, That the sum of six hundred 
pounds old tenour be delivered out of the treasury to his 
Honour the Lieutenant Governor, to be by him forwarded as 
soon as may be to Colo. John Stoddard, to be improved for the 
use of the Six Nations in such manner as the said Colo. Stod- 
dard may think most for the advantage of this Colony. 

[409] Resolved by this Assembly, That his Honour the 
Governor, with the advice of his Council, be impowered, and 
they are hereby fully impowered and authorized, to do, act 
and fully conclude, from time to time until the next sessions 



1747.] OP CONNECTICUT. 293 

of this Assembly, what shall be best and needful for the en- 
couragement of the Indians of the Six Nations in the carry- 
ing on the present war, and to draw money for that purpose 
out of the publick treasury, not exceeding the sum of two 
thousand pounds old tenour. 

Resolved hy this Assembly^ That William Pitkin, Jonathan 
Trumble and George Wyllys, Esq^^, be a committee, they 
or either two of them, to take into consideration Mr. Agent 
Palmer's letters, particularly relating to the muster-rolls of 
the forces that were imployed in the expedition against Cape 
Breton, and also the best proof of their services, and to com- 
pleat the account of the expences of the Colony till the gar- 
risoning of Louisbourg was taken into the hands of his Majesty 
and our troops returned. 

The Additions to the Lists of Estate of the several To-vsrns in this Gov- 
ernment hereafter mentioned, sent in to this 
Assernbly, are as follow, (viz :) 

/Single Addition. Fourfold Assessments. 

<£ s. d. 



692 





£ 


s. 


d. 


To Hartford, 


1226 


9 


6 


To Danbury, 


56 


3 





To Fairfield, 


276 


11 


9 


To Windham, 


2138 


1 





To New Milford, 


67 


19 





To Stanford, 


988 


12 





To Canterbury, 


560 


18 





To Mansfield, 


496 


2 





To Branford, 


111 


7 


6 


To Groton, 


189 


3 


6 


To New London, 


162 


6 





To Ash lord. 


315 


5 


7 


To Lebanon, 


639 


4 





To Ridgfield, 


89 








To Farmingtown, 


397 


18 





To Stoningtown, 


711 


4 





To Plainfield, 


87 








To Greenwich, 


2058 18 





To Colchester, 


803 


12 





To Windsor, 


928 


1 


6 


To Wallingford, 


1347 


16 


6 


To Norwalk, 


1653 


7 


Si 


To Guilford, 


331 


2 


6 


To Preston, 


1081 


18 


6 


To Yoluntown, 


373 


2 





To Durham, 


38 








To Pomfrett, 


1007 


6 





To Milford, 


490 









600 12 

337 14 

- 459 6 

- 2381 4 



72 12 





69 4 





1755 8 






904 12 



172 4 





245 4 





1195 16 





710 






217 



294 PUBLIC RECORDS [May, 





Single Addition. 


Fourfold Assessments. 




£ s. d. 




<£ s. d. 


To New Haven, 


1242 16 


- 


- 513 4 


To Lyme, 


122 9 


-' 


218 4 


To Water bury, 


93 14 


- 


- 447 8 


To Killingsworth, 


29 11 6 


- 


170 8 


To Stratford, 


2324 5 11 


. 


. 


To Hebron, 


309 


- 




To Weathersfield, 


426 17 11 


- 


- 


To Midletown, 


315 17 


■ 




To Saybrook, 


876 


- 


- 348 


To Norwich, 


1897 3 


- 


2157 13 


Whereas this Assembly, at their 


sessions 


in June last. 


desired his Honour 


the Governour 


to have 


the accounts. 



respecting the cloathing and arms, which he directed the 
commissaries to provide for the souldiers inlisted for the 
expedition against Canada, prepared and laid before Lieut. 
General St. Clair, who was appointed by his Majesty to 
make a reasonable allowance for the defraying the expence 
[410] thereof: || And whereas it has so happened that the 
said expedition did not go on, and there has been no oppor- 
tunity to lay the said accounts before Lieut. General St. Clair 
for his allowance thereof: Therefore, it is now resolved, 
that his Honour the Governor be, and he is hereby, desired 
as soon as may be, to make proper drafts on the Pay-Master- 
General of the King's forces, for the allowance and payment 
of those expences, or upon any other officer or board proper 
for that purpose, and to take all proper measures for the 
allowance of said accounts and payment of said expences. 
And William Pitkin, Jonathan Trumble and George Wyllys, 
Esqi's, or any two of them, are appointed to assist the Gov- 
ernor in putting in proper order and preparing the said 
accounts for the purpose aforesaid. 

Resolved by this Assembly, That his Honour the Governor, 
with the advice of the Council of War at Milford, be im- 
powered and authorized to give orders from time to time 
to the several commissaries in this government, to sell and 
dispose of the stores in their custody which were provided 
for the expedition against Canada, either in whole or in 
part, as they shall think fit, and to deliver the money to 
the Treasurer of this Colony, according to the act of Assem- 
bly passed in October last. 

Upon the petition of James Tilley, of New London in 
the county of New London, vs. Thomas Forsdick, of said 
New London, representing that by a certain deed, dated 



1747.] OF CONNECTICUT. 295 

the 16th day of February, 172|, the said Tilley and his 
late wife Ruth mortgaged the spot of land wliereon the 
petitioner's dwelling house stands unto the said Forsdick, 
which land not being redeemed according to the condition 
of said mortgage, and the petitioner having built his house 
thereon, the said Forsdick brought his action against the 
petitioner for a surrendry of said house and land, and that 
pending said suit the petitioner agreed with and purchased 
the said land of the said Forsdick, and further agreed to 
suffer judgment in said suit to be rendered against the 
petitioner after said purchase, and that he should after that 
have the direction and benefit thereof; that, notwithstand- 
ing, the said Forsdick, contrary to said agreement, had 
taken out execution on said judgment, in order to levy 
the same, to the petitioner's great damage ; and thereupon 
praying for relief in the premises : on which this Court 
appointed a committee in October last, to enquire into and 
report their opinion in the premises, which being made to 
this Court, and accepted : It is now resolved thereon, that 
the judgment of the superior court held in Norwich on the 
4th Tuesday of March, 1744, rendered in favour of the 
said Forsdick against the said Tilley in the suit aforesaid, 
be reversed and set aside, and the same with the execution 
thereon is hereby reversed and set aside ; and that inasmuch 
as the said Forsdick for a valuable consideration conveyed 
the said land by his deed dated the 6th day of February, 
174|, to the said Tilley, the same deed is hereby ratified 
and confirmed unto the said Tilley, his heirs and assigns ; 
and that the said Forsdick pay the costs he, the said Til- 
ley, hath been put to in this case, allowed and taxed at 
<£65 lis. Sd., and that execution go forth accordingly, ^x. 
granted June 3t?, 1747. 

Upon the petition of Samuel Talcott, Esq"", sheriff of Hart- 
ford county, shewing that one Daniel Chapman, of Cornwal, 
having by four several writs of attachment issued in favour of 
Jonathan Dodge, of Colchester, [been] taken and committed 
to the common goal in said Hartford, and the goal-keeper 
having by occasion of some false and forged order [been] 
induced to suffer the said Chapman to go at large, &c., he, 
the petitioner, hath been by the said Dodge sued therefor 
in four several suits, and final judgments on each of tliem 
rendered, though the said Dodge had in fact, before said 
Chapman's enlargement, been fully satisfied his debts on 
which said attachments issued, &c. ; prays the said judg- 
ments against him be set aside and he be allowed a new 



296 PUBLIC RECORDS [May, 

tryal of said actions &c., as per petition on file : Resolved 
by this' Assembly, that the petitioner have liberty of a new 
tryal in each of the said actions at the adjourned county 
court to be held at Hartford on the third Tuesday of June 
next ; and that if the plaintiff in said actions recover, the 
future cost only to follow the final judgments ; and in case 
the defendant in said actions recover finally, he shall recover 
back the sums in said former judgments given in damage 
against him, and his future cost. 

Upon the petition of Silas Wells, of Glassenbury, Charles 
Wilcox, Jerusha Wilcox, of Midletown, and Ichabod Andruss, 
of Farmingtown, all in the county of Hartford, praying this 
Assembly to set aside the judgment of the superior court 
held at Hartford in March last past, wlierein the petition- 
[411] ers II were plaintiffs vs. Moses Bush, of Midletown, 
defendant, for that the jury missed the law in the case and 
gave their verdict for the defendant to recover his cost, 
whereas they ought to have brought in their verdict in 
favour of the plaintiffs : Resolved by this Assembly, that 
the judgment of the superior court be set aside and all the 
doings thereon, and that the petitioners liave another tryal 
at the superior court to be held at Hartford in September 
next, as prayed for ; and all the cost to follow the final tryal. 

Upon the petition of Joshua Brainerd, Daniel Gates the 
2d, Thomas Gates, Jonathan Cone, and several other per- 
sons of East Haddam, whose names are subscribed to the 
said petition dated the 29th day of April last, being some of 
the proprietors of the common land in East Haddam, vs. 
the proprietors of the common and undivided lands there, 
and William Olmstead of East Haddam, complaining that 
since the 26th day of February, A. Dom. 174f , the proprie- 
tors of the said common and undivided lands have in divers 
illegal meetings made sundry votes and acts, so called, re- 
specting the division of lands in said town, and appointed 
committees to proceed therein; also complaining of a judg- 
ment obtained by the said William Olmstead at the county 
court held at Hartford on the second Tuesday of April last 
against the proprietors of the said common and undivided 
lands, for the sum of £241 16s. 4d. old tenour, debt, and 
£5 15s. 2d cost, as being obtained in an illegal and undue 
manner, and that execution thereon was granted, dated the 
15th day of April aforesaid ; and thereupon praying for relief 
in the premises, as per their petition on file more fully 
appears : Resolved by this Assembly, that all the votes, 
acts and doings of the said proprietors, passed, voted or 



1747.] OP CONNECTICUT. 297 

entered in their meetings, so called, since the 26th day of 
February, 174 1, and also the doings and acts of their com- 
mittees consequent thereon, shall be, and they are hereby, 
reversed, set aside and made null and void, and shall be 
esteemed and accounted as null and void in the law ; and 
that the said judgment obtained by the said William 01m- 
stead, and the said execution and all the doings thereon, 
be, and the same are hereby, reversed, revoked and wholly 
set aside ; and liberty is hereby granted that said proprie- 
tors have a new tryal of said case at the adjourned county 
court to be held in Hartford in and for the county of Hart- 
ford on the third Tuesday of June, A. Dom. 1747, and 
that the petitioners shall have liberty to appear by them- 
selves or their attorney, to defend in the suit on which 
said judgment was obtained, if none else of said proprietors 
will joyn with them therein ; and that said action may 
proceed as though first Jbrought to said adjourned court. 
Cost alloived petitioners is <£23 12s. 6d. Ex. granted Septem. 
1st., 1747. Alias ex. granted Nov. 21th, 1747. Same ex. 
new dated viz. : Feb. ll^A, 1741. 

Upon the petition of John Soper, of Windsor, represent- 
ing that Isaac Skinner, of said Windsor, liaving before the 
county court at Hartford in April last obtained a judgment 
against him on demurrer in an action of trespass, and that 
the said action was, by mere oversight, omitted to be re- 
viewed, and praying liberty to give bond for prosecution &c., 
and have liberty of another tryal of said case per review at 
the adjourned county court at Hartford in June next, &c. : 
Resolved by this Assembly, that the petitioner have liberty 
(first entering his bond of prosecution with the clerk of 
said court) to have another tryal of said cause at the said 
adjourned court in June next, as though he had actually 
moved for a review and given bond of prosecution before 
the said court where said judgment was given ; and that 
execution be accordingly stayed till final judgment ; and that 
the future cost only, in case the petitioner, defendant in Said 
cause, recover, shall follow such final tryal. 

Upon the petition of Isaac Skinner, of Windsor, vs. John 
Soper, of said Windsor, representing that there had been 
sundry controversies and differences between the said parties 
relating to a certain tract of land in said Windsor called 
Moses's Grant, the northern part whereof was claimed by 
the said Skinner, and the southern part by the said Soper, and 
especially with respect to the stating of a line between their 
said claims, and also with respect to their book accounts, and 
38 



298 PUBLIC RECORDS [May, 

that they had had sundry agreements, arbitrations, law suits 
&c., thereon, and tliat justice was still likely to be obstructed 
and hindered in the premises, and praying for a committee 
to enquire into the equity of said cause, &c. : Whereupon it 
is resolved by this 'Assembly, that Messrs. Nathaniel Case, 
Jeremiah Filer and Joseph Collier, be appointed a committee 
to enquire into all matters of controversy between said parties, 
and to make their report to this Assembly at their sessions in 
October next. 

Upon the petition of David Nevens, late of Kingstown in the 
county of Hampshire and Province of the Massachusets Bay, 
[412] now of Canterbury in the county of Windham, || vs. Sam- 
uel Pelton, late of Midletown, now of Hartford in the county 
of Hartford, representing that he had an execution against 
one John Blye, of said Midletown, for the sum of <£(3 13s. 6d. 
lawful money damages, and for cost of suit 13s. 7c?. lawful 
money, issued on a judgment obtained at the county court 
held at Hartford in April term, A. D. 1743, which was dated 
the 30th day of April, 1744, and delivered into the hands of 
said Pelton, as he was constable of said Midletown, for him to 
execute the same ; also that he had brought his action against 
the said Pelton for neglecting and refusing to execute said 
writ of execution, demanding damages forty pounds money, 
which action came to final tryal on the plea of not guilty at 
the county court held at said Hartford in April, 1746, when 
and where he, the said Nevens, lost his said action for want 
of sufficient evidence to prove that said Pelton had received 
said execution ; representing also that he had since said tryal 
found new evidence to prove said matter of fact, and praying 
for a new tryal in said action, &c. : Whereupon it is resolved 
by this Assembly, that the aforesaid final judgment of said 
county court be, and it is hereby, set aside and made void ; 
and the said Daniel Nevens shall have the liberty of having a 
new tryal in said action at the adjourned county court to be 
held at said Hartford in and for said county of Hartford on 
the 8d Tuesday of June next, and the whole cost shall lollow 
the final judgment ; and if the said Nevens shall finally re- 
cover against the said Pelton in said action, the said county 
court shall give judgment also for all the damages that the 
said Nevens hath suffered by occasion of the said judgment of 
the said county court in April, 1746, and the execution that 
issued thereon. 

Upon the petition of Samuel Beamond, of Symsbury, set- 
ting forth that James Poisson, of said Symsbury, obtained a 
writ of attachment against him, and thereby attached his 



1747.] OF CONNECTICUT. 299 

body, and afterwards released him and agreed that said action 
should not proceed ; and the petitioner, depending upon said 
agreement, did not appear at court, and the said Poisson at 
court, {viz:} the county court held in Hartford in November, 
1745, entered liis action and obtained a judgment against tlie 
petitioner, for the sum of <£500 Os. Od. debt and £6 Os. 4:d. 
cost of suit ; praying that the said judgment be reversed and 
set aside : Resolved by this Assembly, that the said judgment 
of the county court be reversed, and the same is hereby re- 
versed and made null and void, and all the doings thereon ; 
and the said Poisson lias hereby liberty given him to enter his 
action upon said writ of attachment at the adjourned county 
court to be held at Hartford on the 3d Tuesday of June next, 
and that all the cost follow the final tryal in said case. 

Upon the petition of James Rogers, of New London, setting 
forth that Richard Durfey, of said New London, brought his 
action against him, demanding £782 3s. 2d. by book, which 
came to a final tryal at the superior court held in Norwich in 
March last, at which tryal the said Rogers was not allowed to 
give his book in evidence with the charges of mariners wages 
in it, whereby he was prevented of having credit for the 
greater part of iiis charges, and had the judgment rendered 
against liim for the sum of £337 lis. Id. debt, besides a large 
bill of cost ; and praying this Assembly to set aside the said 
judgment and appoint commissioners to examine and adjust 
their accounts, as by the petition on file appears: This Assem- 
bly doth suspend the said judgment of the superior court, with 
all doings thereon, and do appoint Samuel Lynde, Esq'', and 
Messrs. Ebenezer Backus and Stephen Lee, to hear and ex- 
amine the accounts between the said Richard Durfey and- 
James Rogers, as well respecting mariners wages as other 
articles, and make report to this Assembly in October next 
what they shall find the just ballance of their accounts in 
favour of either party. 

Upon the petition of John Seaberry, of Groton in the 
county of New London, against Godfrey Malbone, of Newport 
in the county of Newport and Colony of Rhoad Island, pray- 
ing for a rehearing in a certain action brought by said Malbone 
against the said Seaberry to the county court in New London 
on the 2d Tuesday of June, 1745, upon bond, demanding one 
hundred pounds old tenour by bond, and in which there was 
a final tryal at the superior court held in New London in Sep- 
[413] tember, 1746, as by the petition on file appears : || This 
Assembly doth reverse and set aside the said judgment of the 
superior court and all the doings thereon, and grants unto 



300 PUBLIC RECORDS [May, 

the said Seaberry liberty of another tryal in the superior 
court to be held in New London on the fourth Tuesday of 
September next, and that all the costs from the beginning fol- 
low said tryal. 

Upon the petition of Isaac Sheldon and Samuel Wells, both 
of Hartford, agents for the proprietors of the common and 
undivided lands in the town of Union, vs. James Enno, of 
Union, as on file : The question was put, whether the pleas 
offered (by the respondent) in abatement of said petition are 
sufficient: Resolved by this Assembly in the affirmative. 
Cost allowed 7'espo7ident <£8 4s. 9^^. 

Upon the petition of Samuel Palmer, of Hebron, vs. Jona- 
than Morton, of Hatfield, &c., as on file : The question was 
put, whether anything prayed for in the said petition should 
be granted : Resolved by this Assembly in the negative. Cost 
alloived respondeyit £13 19s. 2c?. Ex. gra7ited Ju7ie2>d,Vl4il. 

Upon the petition of Joseph Barnerd, of Hartford, vs. 
Jonathan Olcott, of Hartford : The question was put, whether 
the pleas offered in abatement &c. of the said petition are 
sufficient : Resolved by this Assembly in the affirmative. 
Cost alloived respo7ident is £2 18s. Od. Ex. gra7itedFeb.28th, 
1749-50. 

Upon the petition of John Hough, of Norwich, ws. Timothy 
Waters, of Lebanon : The question was put, whether anything 
should be granted on the prayer of said petition : Resolved 
by this Assembly in the negative. Cost allowed respondent is 
£1 17s. Qd. Ex. gra7ited Ju7ie M, 1747. 

Upon the petition of Benadam Gallop jun^, of Groton, vs. 
John Noyes, late of Groton, now John Noyes jun., of Ston- 
ington, as on file : The question was put, whether the prayer 
of the petitioner should be granted : Resolved by this Assem- 
bly in the negative. Cost allow'' d respondent is £8 lis. Qd. 
Ex. granted June 8d, 1747. 

Upon the petition of Timothy Waters, jun"", of Lebanon, vs. 
John Starke jun"", of New London and John Hough of Norwich, 
as on file : The question was put, whether the pleas offered in 
demurrer to the said petition are sufficient, (fee. : Resolved by 
this Assembly in tlie affirmative. Cost allowed respondent 
-X4 12s. Od. 

Upon the petition of Timothy Waters, of Lebanon, t;s. John 
Hough, of Norwich, as on file : Tiie question was put, whether 
the pleas offered in abatement of said petition are sufficient : 
Resolved by this Assembly in the affirmative. Cost allowed 
respondent is £4 Os. Qd. 



1747.] OF CONNECTICUT. 301 

Upon the petition of Jonathan Dean, of Plainfield, vs. 
Robert Hunter, of Voluntown, on file, by continuance from 
this Assembly in October last : The question was put, whether 
the petitioner shall have another tryal of his cause as prayed 
for in said petition : Resolved by this Assembly in the nega- 
tive. 

Upon the petition of David Cosseboora, of Smith-Town in 
the county of Suffolk on the island of Nassau in the Province 
of New York, and the others named in said petition, vs. 
William Olmstead, one of tiie proprietors of the common and 
undivided land in the town of East Haddam, and the rest of 
the proprietors of said common and undivided land, as on 
file : The question was put, whether anything prayed for in 
said petition should be granted : Resolved by this Assembly 
in the negative. Cost alloived respondents is X13 10s. Ot?. 
Ex. granted July '22d, 1747. 

Whereas the inhabitants of the towns of Woodstock, End- 
field, Suffield and Sommers, by their agents have preferred 
their petition to this Assembly, representing that the said 
towns are situate within the bounds granted by the royal 
charter to this Colony ; that by the settlement of the dividing 
line between tlie Province of the Massachusets Bay and this 
Colony, by commissioners from each government in the year 
of our Lord 171-5, the said towns were set off or put into the 
jurisdiction of the said Province of the Massachusets Bay with- 
out their consent, and that by means thereof the inhabitants of 
said towns are (as the said agents complain) deprived of their 
just rights and privileges, and thereupon aggrieved, and have 
therefore now made request to this Assembly for relief in the 
premises ; praying that a committee be appointed to treat 
with said Province, or that such other measures may be taken 
as shall be most proper therein : Whereupon it is resolved by 
this Assembly, that Jonathan Trumble, John Bulkley, Esq'% 
Colo. Benjamin Hall and Capt. Roger Wolcott, they or any 
three of them, be appointed, at the cost of the petitioners, and 
they are hereby appointed, Commissioners to meet and confer 
with such gentlemen as may be appointed by the Province of 
the Massachusets Bay, at such time and place as shall be 
agreed on between them, to hear, consider and report to the 
next Assembly after said meeting and conference, their opinion 
on what shall be offered in this atfair by the Commissioners of 
said Province and the inhabitants of said towns. . 

[414] Upon the memorial of Thomas Webster, Nathaniel 
Kingsberry, Nathaniel House and others, part of the first and 
second societies in Coventry, part of the second society in the 



302 PUBLIC RECORDS [May, 

township of Lebanon, and part of the inhabitants of the town- 
ship of Hebron, praying to be made a distinct ecclesiastical 
society according to a certain report of Joseph Talcott, Daniel 
Bissell and Jonathan Hills, a committee appointed by this As- 
sembly in May, A. D. 1746, or otherwise, as by their memorial 
on file appears: This Assembly do enact, order and grant, 
unto the memorialists, that they be, and they are hereby made, 
a distinct ecclesiastical society, with all the privileges and im- 
munities of such a society according to the acts and laws of 
this Colony, and shall be known by the name of Andover; 
bounded and described as followeth, viz: Beginning at a heap 
of stones which is the northwest corner of Simon Atherton's 
land in the east line of the town of Bolton, from thence south in 
said Bolton east line, there measuring two miles 186 rods, to a 
large heap of stones which is the southeast corner of said 
town of Bolton and the southwest corner of the town of Cov- 
entry, from thence running west, measuring there two hundred 
and twenty rods, to a heap of stones, from thence running 
south twenty-one degrees east, there measuring one mile and 
half and forty rods unto a heap of stones six rods southwest 
of Ebenezer Horton's now dwelling house, which last line in- 
cludes Thomas Webster's now dwelling house, from thence 
running south thirty-four degrees east unto a heap of stones 
which are west from Jonathan Sacket's house, from thence to 
the most northern part of the said Sacket's house, from thence 
a straight line to the east line of the town of Hebron and the 
west line of the town of Lebanon two mile and one half mile 
and twenty-eight rods from the northeast corner of the said 
town of Hebron, from thence north eighteen degrees east one 
mile and eight rods into said town of Lebanon, including the 
now dwelling house of Philip Bill, from thence north tliirty- 
seven degrees east two hundred and fifty-six rods unto a chest- 
nut tree in the highway near Gibbs's now dwelling house, from 
thence continuing the same point north thirty-seven degrees 
east one mile and ninety-two rods unto a heap of stones on 
the southerly side of Hop River, from thence north twenty-five 
degrees west, crossing said river, there measuring two miles 
and ninety-eight rods to a white-oak tree between two rocks 
on the east side the highway and at Silas Long's land, from 
thence west three degrees south, there measuring one mile one 
hundred and twelve rods unto a large white-oak tree, including 
the now dwelling house of Benjamin Jones, from thence west 
twenty-three degrees north, there nieasuring one mile and 
half, unto the bounds first mentioned. 

Whereas Samuel Weed, Daniel Tucker and Nathaniel 



1747.] OP CONNECTICUT. 303 

Worster, all of Derby in the county of New Haven, before a 
special superior court held at New Haven on the 4th Tuesday 
of April last past, were severally indicted for counterfeiting 
the bills of publick credit on this Colony, or being aiding or 
assisting therein, and the said Weed and Tucker before said 
court were found guilty of the crime aforesaid on their con- 
fession, and the said Worster was found guilty of the said 
crime by the verdict of the jury, and thereupon the said Weed, 
Worster and Tucker, were severally sentenced by the said su- 
perior court to suffer tlie corporal punishments by law ordered, 
and also that they should, each of them, forfeit all his estate 
unto this government, and the sheriff of the county of New 
Haven was by the said court ordered and directed to make 
due enquiry after and to seize and take into his possession the 
estate of the said Weed, Worster and Tucker, until this As- 
sembly should make some orders about the same: It is now 
resolved by this Assembly, that Capt. John Fowler and Capt. 
Samuel Bassett be a committee with full power and authority 
to demand and receive of Samuel Mansfield, Esq^", sheriff of 
the county of New Haven, all such goods or estate of the said 
Weed, Worster and Tucker, as he has seized and is in his 
hands or that may be found in the hands or possession of any 
other person, both real and personal, and to make sale of the 
same to the best advantage for the use of this government, 
and to make and execute deeds of any lands sold as aforesaid 
to any purchaser or purchasers, in behalf of this government ; 
and the money that shall be raised on such sales shall be de- 
livered to the Treasurer, taking his receipt for the same ; and 
in case any part of such estate cannot be sold to good advan- 
tage for ready money, it may be sold on good bonds with sure- 
[416] ties payable at the expiration of a time not || exceeding 
two years, which bonds shall be lodged in the Secretary's 
office. Always provided, that the said committee do not retain 
or dispose of any of the estate of either of said persons as is 
for necessary use and by law is already exempted from being 
taken by execution, but allow them respectively to have the 
same, and necessary provisions for their wives and families till 
the first day of January next. 

Upon the memorial of Epaphras Lord, Esq"", William Buel. 
and others, representing that they belonged some to the first 
society in Colchester, some within the town of Hebron, some 
within the second society in Glassenbury, and some of them 
within the third society in said Colchester, and that they lived 
at a great distance from the several places of publick worship 
where they respectively belong; and praying to be made a dis- 



304 PUBLIC RECORDS [May, 

tiiict ecclesiastical society, and to have bounds and limits accord- 
ing to a certain plan and report of Messrs. Roger Wolcott 
jun"", Esq', Mr. Daniel Bissell and Hezekiali May, who were 
appointed a committee to view the circumstances of the me- 
morialists, &c. ; which bounds and limits areas follow, viz: 
Beginning at the northeast corner of Midletown bounds, and 
fi*om thence a line drawn northerly to the northwest corner of 
David Dickinson's land in Eastberry, and from thence eastward 
to the northwest corner of a lot of land on which Daniel 
Cliamberlain's barn stands, and from thence to run near east on 
the north side of said Chaml)erlain's land until it meet with 
Hebron west line, and from thence southerly to the northwest 
corner of a farm of land on which the widow Lucy Talcott 
now dwells, and from thence a straight line to the road at 
Daniel Root's, and from thence on a straight line to the riding 
place over Fawn Brook, being at the northeast corner of the 
land of Joseph Phelps jun"", and from thence southerly as the 
brook runs until it comes to the riding place passing from 
Joseph Kellogg's over said brook to the Pine Hill, and from 
thence a straight line to Mr. John Adams's farm to the south- 
east corner by the country road, including said farm, and from 
the most southerly part of said farm a west line to Midletown 
east bounds, then northerly by Midletown line to the first- 
mentioned corner: Resolved by this Assembly, that the me- 
morialists and all such as do or shall live within the bounds 
and limits above described shall be a distinct ecclesiastical 
society, with powers and privileges as other ecclesiastical soci- 
eties in this Colony are invested witli, and the same shall be 
known and distinguished by the name of Marlborough, And 
all those inhabitants within the aforesaid limits tliat are within 
the bounds of Eastbury shall contribute their several propor- 
tions of parish charges in said Eastbury for the space of four 
years next ensuing. 

Upon the memorial of Solomon Gee, of Lyme, shewing to 
this Assembly that in the month of October, 1746, he pur- 
chased of one William Minor, of Lyme aforesaid, a certain 
tract of land lying in said Lyme, containing in quantity about 
eighteen acres, for which he paid to the said William Minor, 
to his full satisfaction, the sum of fifty pounds money, and that 
thereupon the said William Minor made a deed under his hand 
and seal to the memorialist of the said eighteen acres, in which 
the said eighteen acres was particularly bounded and described, 
and was dated the 22d day of October aforesaid, and delivered 
unto him; that soon after, and before tlie said William Minor 
had any opportunity to acknowledge the same before some au- 



1747.] OP CONNECTICUT. 305 

thority according to law, he was removed by death, having 
made no disposition of his estate, nor order about the said 
affair, nor any person capable in law to ratify and confirm the 
said sale unto said Gee ; and complaining that he is in danger 
of being much wronged, and of losing his just right; and 
praying for relief in the premises, and that his title to said 
land by virtue of said deed may be confirmed, &c.: Resolved 
by this Assembly, that the aforesaid deed of the said William 
Minor to the said Solomon Gee, being duly entered on the 
records of the town of Lyme, shall be sufficient and efifectual 
in the law for the sure holding the land contained in the same 
unto the said Gee, his heirs and assigns, against all persons 
whatsoever, as the said deed would or could have been if the 
same had been acknowledged by tlie said Minor in his life- 
time before some lawful authority according to law. 

Upon the memorial of John Whiting, Esq"", Treasurer of 
the Colony, praying of certain lands by Zebulon Mygat of 
Hartford mortgaged to the Governor and Company and by him 
in the name of said Governor and Company recovered, some 
part tliereof be sold for the sum borrowed and interest &c., 
and that the residue thereof be made over to one John Gur- 
ney of said Hartford, to whom the said Mygat had before said 
[416] recovery sold and agreed to convey the same: || Re- 
solved by this Assembly, that some part of said recovered 
lands be sold to the highest bidder, and the money therefor 
paid be by said Treasurer received and kept in his hand for 
tlie use of the government, to the whole amount of the sum 
loaned to said Mygatt and interest and cost; and that Nathaniel 
Stanly and Joseph Buckingbam, of said Hartford, Esq^s, be a 
committee with full power and authority, in the name of the 
said Governor and Company, to execute a good and effectual 
deed of release and quit-claim of tbe other parcel thereof, viz: 
of the part sold as aforesaid, unto the said John Gurney, the 
said bond by said Mygat and Sarah Waters being delivered up 
to the memorialist to be cancelled. 

Upon the memorial of Elijah Clapp and Thomas Clapp, both 
of Hartford, representing that Thomas Clapp, their fatlier, late 
of Hartford, deceased, by his deeds well executed had mort- 
gaged to the Governor and Company of this Colony two pieces 
of land in said Hartford, being parcels of his home-lot, and 
praying for liberty to redeem said lands to themselves, as per 
their memorial on file appears : Resolved by this Assembly, 
that on condition the said memorialists, within two months 
from the rising of this Assembly, shall pay into the publick 
treasury the principal sums for which said lands were mort- 
39 



306 PUBLIC RECORDS [May, 

gaged, with the interest to the time of payment, together with 
ten pounds more, old tenour, for all other costs, the said mort- 
gaged premises shall be released to the memorialists in usual 
form, by the committee appointed for such purpose. 

Upon the memorial of Samuel Cluckstone, Ralph Isaacs, 
William Johnson and Joseph St. John, all of Norwalk, late 
owners of the sloop Jane which was, when in the government's 
service, cast away at Louisbourg : This Assembly grants to the 
memorialists the sum of one hundred and three pounds fifteen 
shillings old tenour, in full of what is due to them for the hire 
of said sloop beyond what they have received, and order the 
Treasurer to pay the same accordingly. 

Upon the memorial of Nathaniel Worster and Daniel Tuck- 
er, both of Derby, now confined in goal in the county of New 
Haven by order of the superior court held in New Haven on 
the fourth Tuesday of April last, before which court they were 
convicted of being aiding in counterfeiting bills of publick 
credit ; praying for a release from said confinement, &c. : 
Resolved by this Assembly, that each of the memorialists may 
have liberty to go out of said goal into the town of Derby, and 
there remain within the limits of said town during the pleas- 
ure of this Assembly : provided they each of them procure a 
good surety to be bound in a bond of five hundred pounds to 
the Treasurer of the Colony for the memorialists' good be- 
haviour while out of goal and their return to goal again when 
thereto they shall be remanded by this Court ; and the sheriff 
of said county, on their procuring said bonds, may let the me- 
morialists out of goal. 

Upon the memorial of Joseph Wuyock and the rest of the 
Pequod Indians living in Groton in the county of New London, 
by their overseers John Richards and Daniel Coit, Est[f% of 
New London, shewing to this Assembly that there is a con- 
siderable tract of land lying in said Groton, known by the 
name of Massantuxet, reserved for the use of the memorialists 
for their planting ground, and that this Assembly, in the year 
1732, did grant liberty to the proprietors of Groton to lay out 
one half of the reserved lands into fifty acre lots, with liberty 
to fence the same, during the pleasure of this Assembly, re- 
serving to the Indians liberty to get firewood and plant on 
said land ; and that of late the inhabitants of Groton have 
fenced in the greatest part of said reserved land, and have 
cut up and destroyed the Indians' corn there planted, so that 
the Indians are prevented from using said land, contrary to 
the acts of this Assembly ; and thereupon praying that a com- 
mittee may be appointed to enquire into the complaints of the 



1747.] OP CONNECTICUT. 307 

memorialists, &c. : Resolved by this i^ssembly, that Jonathan 
Trumble and John Bulkley, Esq'"% be a committee, and they 
are liereby appointed a committee, to enquire into the matters 
referred to in the memorial and endeavour a settlement there- 
of, and to make report of what they shall find and do therein, 
with their opinion thereon, to this Assembly in October next. 

Upon the memorial of the parish of Kensington, and on the 
memorial of James Patterson and others in the west part of 
the parish of Newington, and on the memorial of Thomas 
Stanly and others living on the southeast part of Farmingtown 
old society, and on the memorial of Stephen Lee and others 
living partly in Farmingtown old society and partly in Ken- 
[•417] sington || society, praying to this Assembly for relief in 
respect of their parish affairs, in manner and form as set forth 
in said memoi'ials : Resolved by this Assembly, that William 
Pitkin, Esqr, Colo. Benjamin Hall and Major Elihu Chauncey, 
be a committee to repair to said parishes and places of said 
memorialists' residence, and to notify all parties concerned, 
to hear them thereon and view their circumstances, and to 
report their opinion thereon to this Assembly, if it may be, or 
to the next Assembly. 

Upon the memorial of Hezekiah Huntington, Esq^ praying 
this Assembly that some methods may be used by this gov- 
ernment for the redemption of his son, .who is now with many 
others of our people in captivity at Canada : * Resolved by 
this Assembly, that his Honour the Governor be desired, and 
he is hereby desired, to get the best information whether any 
cartel is or can be settled with the Governor of Canada for the 
exchange of prisoners by sending a flag of truce up the river 
St. Lawrence to Quebeck ; and in case the above method 
should be found impracticable, that then his Honour should 
enquire, whether any cartel is or can be settled to effect the 
purpose aforesaid by land. And that his Honour the Gov- 
ernor may be enabled to prosecute the design aforesaid, either 
by land or water as he may be advised of an opportunity, so 
much money may be drawn out of the publick treasury as his 
Honour the Governor, with the advice of the Council, shall 
judge to be necessary. 

Upon the petition of the inhabitants of Newtown, shewing 
that the reason that said inhabitants did not send in their list 
to this Assembly in October last was, for that their listers 
were disenabled by sickness, and that the said Assembly had 

*The young man was graduated at Yale College in 1744. He was taken cap- 
tive by a Erench man-of-war, June 28th, 1746, and died in captivity. May 15th, 
1747. 



308 PUBLIC RECORDS [May, 

doomed the said town at a certain sum upon which their taxes 
were to be levyed, as appeared by the records of said Assem- 
bly : It is now resolved by this Assembly, that the sura of 
eleven hundred eighty-three pounds eighteen shillings and five 
pence shall be abated out of the said sum mentioned in said 
record, and that the taxes granted in October last shall be 
levyed upon said town of Newtown exclusive of the said eleven 
hundred eighty-three pounds eighteen shillings and five 
pence. 

Upon the memorial of Margaret Douglass and William 
Douglass, of New London, executors of the last will and tes- 
tament of Richard Douglass, late of New London, deceased, 
complaining of great loss sustained in consequence of a pur- 
chase made by the said Richard Douglass, with Mr. John 
Richards, of some lands formerly Wait Winthrop's, and giv- 
ing bond to the town of New London on account of such pur- 
chase ; and praying for help and relief under their difficulties 
occasioned thereby : Resolved by this Assembly, that the 
memorialists have granted, and this Assembly do hereby grant 
to them, three hundred pounds old tenour bills of credit to be 
paid out of the publick treasury, and the Treasurer is hereby 
ordered to pay the same accordingly. 

On the memorial of the proprietors of Sharon: Voted, that 
Colo. William Preston and Mr, Samuel Canfield be a com- 
mittee, at the cost and charge of the memorialists, to repair 
to Sharon and enquire into the circumstances of the Indians 
there, and see what land may be necessary for them to live 
upon, and describe the same, as also what they shall think 
reasonable to be laid out to said proprietors in the ungranted 
lands of this Colony as an equivalent for the lands they judge 
should be sequestered for the use of said Indians in said town, 
and in what place. And Capt. John Williams, of Sharon, is 
impowered, in the name of tliis Colony, to conmience a suit 
against Benjamin Johns, to eject the said Johns off the land 
mentioned in said memorial: provided the same be done at 
the cost of said proprietors. 

Upon the memorial of Benjamin Collins, jun"", of Lebanon, 
shewing that he had burnt with the house of his father, in 
September last, the sum of thirteen pounds nine shillings and 
six pence in old tenour bills of credit of this Colony, praying 
to this Assembly for relief: Thereupon it is ordered by this 
Assembly, that the Treasurer of this Colony pay out of the 
treasury the sura of thirteen pounds nine shillings and six 
pence old tenour bills for his loss aforesaid. 

Upon the memorial of Justus Classon, administrator on 



1747.] OP CONNECTICUT. 309 

the estate o"f Stephen Clason late of Stanford, deceased, shew- 
ing to this Assembly that the debts due from the estate of 
the said deceased surmount the personal estate the sum of 
£106 lis. od, money of the old currency, and praying to this 
Assembly for liberty to sell so much of the real estate of the 
said deceased as shall answer the sum of XlOt) lis. od. with 
the necessary charges arising thereon : Resolved by this As- 
sembly, that the memorialist have liberty to sell so much of 
the real estate of the said deceased as shall amount to the sum 
of X106 lis. od. money ; and the said memorialist is hereby 
substituted and impowered to sell so much of the real estate 
of the said deceased as shall make the sum of £106 lis. od. 
money of the old currency with the necessary charges arising 
thereon, taking the direction of the court of probate in the 
district of Stanford therein. 

[418] Upon the memorial of Lemuel Abbott, Stephen 
Northrop and others, inhabitants of Ridgefield living on tliat 
tract of land commonly known by the name of Ridgefield New 
Patent, praying for liberty to hire preaching among them- 
selves in the most difficult seasons in the year, &c. : Be it 
enacted by the Governor, Council and Representatives, in 
General Court assembled, and by the authority of the same, 
that the memorialists and such others as now do or hereafter 
shall come to live on said tract of land known by the name of 
the New Patent, as aforesaid, (excepting only three families 
who belong to and are annexed to the town of Danbury,) shall 
have liberty, and they hereby have liberty granted to them, 
from time to time to procure and hire some suitable orthodox 
preacher of the gospel to preach to them for five months in 
each year annually; and that the memorialists, and others 
aforesaid, shall be released, and they are hereby released and 
dischai'ged, from paying anything towards the support of the 
gospel's being preached at the town of Ridgfield lor the time 
that they so hire preaching among themselves. 

Upon the memorial of Nathaniel Woodward, of Coventry, 
praying exemption of his poll from paying taxes, for reasons 
in his memorial set forth: Resolved by this Assembly, tliat 
the said Nathaniel Woodward be, and he is hereby, freed and 
exempted from paying rates or taxes on his poll for the 
future. 

Upon the memorial of Joseph Wright, of Colchester, and 
John Patterson, of Farmingtown, representing that they with 
others were bound to the Governor and Company of this 
Colony for the interest of the money loaned to the members 
of the late New Loudon Society, and that judgments had been 



310 PUBLIC RECORDS [May, 

since obtained for the whole suras in said bonds contained, 
which really contained a great deal more than was justly due 
for said interest, for that a considerable part of the said prin- 
cipal moneys had been paid long before the sueing out of said 
bonds, which was never allowed or deducted out of said bonds, 
and for that also that said judgments did include interest upon 
interest ; and praying for a committee to enquire into the prem- 
ises, &c. : Resolved by this Assembly, that Nathaniel 
Stanly, Esq^, and William Pitkin, Esq^", be a committee, at the 
cost of the memorialists, to enquire into the matters in said 
memorial referred to, and make their report to this Assembly 
in October next. 

On the memorial of Edward Collins, of Merridan in New 
Haven county, praying this Assembly to order a deed of 
release of land lying in said Merridan, for the reasons in said 
memorial assigned, which land was mortgaged to this Colony, 
&c. : Resolved by this Assembly, that in case tlie said Edward 
Collins, within two months next after the rising of this As- 
sembly, satisfy the cost arisen on the suit, &c., and procure a 
bond with sufficient surety for the payment of the principal 
sum contained in said mortgage and interest thereon, (together 
with five pounds old tenour more for other costs and charges,) 
to the acceptance of Nathaniel Stanly and George Wyllys, 
Esqrs, that then said Stanly and Wyllys shall execute a deed 
of release of the said mortgaged premises accordingly. 

Upon the memorial of Clement Minor, of Stoningtown in 
the county of New London, shewing to this Assemljly that, 
together with his dwelling-house, warehouse and shop, he had 
sundry bills and notes of hand consumed by fire in the even- 
ing next after the 16th day of April last, and praying that 
some proper persons might be appointed to take cognizance 
of the matters of said notes and bills, and act so as to secure 
the memorialist in his just dues which belonged to him there- 
by, as by the memorial on file appears: This Assembly do 
appoint and impower Jonathan Trumble of Lebanon, Esqr, 
Jeremiah Miller of New London, Esq"", and John Ledyard of 
Groton, Esqs to take cognizance of all matters respecting 
notes or bills that belonged to said Clement Minor and were 
consumed in his house, shop or warehouse, as aforesaid, and 
enquire of the parties upon oath, and other witnesses and evi- 
dences as they shall think proper, as a court of chancery 
might do, and award and judge for the said Minor what shall 
appear to be his due upon the account of any note or bill con- 
sumed as aforesaid, and also towards either party, and costs 
of prosecution as by law is allowed of in other common process 



1747.] OF CONNECTICUT. 311 

as in the county court, and grant out execution on their said 
judgments, directing the same to proper officer or officers to 
levy and serve, as any other executive courts in this Colony 
bylaw may do; and that said executions, signed by any one of 
the said commissioners, shall be authentick for the purpose 
[41y] aforesaid. || And the said commissionej's are hereby au- 
thorized and impowered to call any person before them in the 
business and matters aforesaid, by summons or attachment 
as any the county or superior courts in this Colony by law 
may do, and to command and retain any slieriff, deputy sheriff 
or constable, to attend and execute as the said county or su- 
perior courts may or can order and command; and all sheriffs, 
deputy sheriffs and constables, are to yield their obedience 
accordingly. And in case said committee shall find that the 
moneys or other things engaged to be paid the said Minor by 
any such note or bill was not to be paid until some time after 
the enquiry shall be made by them, that then the said com- 
missioners shall immediately make up judgment for the sum 
engaged by said note or bill, and shall order that execution be 
stayed till the time set in said note or bill for payment, and 
then grant and make out execution thereon; and for said 
commissioners this shall be their warrant. 

Upon the memorial of Clement Minor, of Stoningtown in 
the county of New London, setting forth that he had burnt in 
his house and shop in the evening next after the liJth day of 
April last past as many bills of publick credit of this Colony 
as amounted to the sum of three hundred and twenty pounds 
ten shillings old tenour; praying for relief, as by his memo- 
rial on file: This Assembly grants unto the said Clement Minor 
the sum of three hundred and twenty pounds ten shillings old 
tenour, to be paid him out of the treasury of the Colony, and 
the Treasurer is hereby ordered to deliver the same accord- 
ingly. 

On the memorial of Thomas Curtiss, Thomas Marshall, 
Ebenezer Lyman, selectmen of the town of Torrington: Re- 
solved, that this memorial be continued to the sessions of this 
Court at New Haven in October next, and that Thomas 
Stoughton, John Cook, Joel Thrall and Aaron Loomiss, all of 
said town, be summoned by the memorialists to appear at 
said Assembly to answer to said memorial, and that until 
that time the said Cook, Thrall and Loomiss, as a committee, 
or any other persons of the said town, be 'ordered to desist 
any other proceedings about said meeting-house by any power 
pretended to be given by a vote of said town in town-meeting, 
May 19th, 1747 ; and that further proceedings by said town 



312 PUBLIC RECORDS [May, 

about said meeting-house be stayed till said Assembly in 
October next; and that a copy of this resolve be by the me- 
morialist left with the town clerk of said town, to give notice to 
the inhabitants of said town of the doings of this Assembly 
thereon. 

Upon the memorial of Timothy Clark and others, and upon 
the memorial of Caleb Hide and others, all living in the north- 
ern and north-westerly parts of the first society of Lebanon, and 
iipon the soutiieasterly parts of the second society in Lebanon 
and the northwesterly parts of the 3d society there, praying for 
a society to be made out of the first, second and third societies 
of Lebanon, as set forth in their memorials: Resolved by tiiis 
Assembly, that Roger Wolcottjun'", John Ledyard and Elisha 
Shelden, Esq^s, be a committee to repair to the first society in 
Lebanon, to notice all parties concerned and hear tliem 
thereon, and to consider whether it be proper to make a soci- 
ety out of all or any of the parishes aforesaid ; and if they 
find convenient to make them a parish, to fix them a line; 
and to report their opinion upon the whole to the Assembly 
in October next, at the cost of all the memorialists. 

On the memorial of Jacol) Hotchkiss, of New Haven, shew- 
ing a mortgage deed by him given to the Governor and 
Company of this Colony for twenty-three acres of land had 
been sued, praying the same to be released, for the reasons 
therein assigned: Resolved by this Assembly, that on condi- 
tion the said Jacob Hotchkiss shall, within two months after 
the rising of this Assembly, satisfy the cost already arisen on 
the suit, &c., and pay the principal sum, and int^erest to the 
time of payment, together with five pounds more old tenour 
for all other costs, the committee heretofore appointed to give 
releases of lands mortgaged to the Governor and Company are 
impowered to execute to the memorialist, in the name of the 
Governor and Company, a deed of release of the mortgaged 
premises. 

Upon the memorial of Daniel Dunham and Mary Dunham, 
administrators on the estate of Jonathan Dunham, late of 
Sharon, deceased, representing that the debts due from the es- 
tate of said deceased amount to the sum of X 1546 14s. 6d. more 
than the personal estate of the said deceased will pay, and pray- 
ing for liberty to sell so much of the real estate of the said de- 
ceased Jonathan Dunham as Avill procure the aforesaid sum 
<fec. : Resolved by' this Assembly, that the memorialists have 
lil)erty, and they are hereby impowered, to sell so much of the 
real estate of the said deceased Jonathan Dunham as will pro- 
cure the aforesaid sum of £1546 14s. Qd. old tenour, with 



1717.] OP CONNECTICUT. 313 

the incident charges of sale, taking the advice of the court of 
probate in the district of Litchfieki therein. 

Upon the memorial of James Beach, of Stratford in the 
county of Fairfield, overseer and conservator of the estate of 
Margaret Curtiss, of Stratford, an impotent person, shewing 
[420] to this Assembly || that the expences for the said 
Margaret hath been more than her personal estate, that she is 
still needy, and that her lands are of considerable value, 
which she is not of capable mind to bargain away and convey ; 
praying this Assembly to authorize some proper person or 
persons to make conveyance of some of the said Margaret's 
lands for her maintenance : This Assembly doth enact, grant 
and order, that so much of the said Margaret's land as shall 
be sufficient to raise the sum of one hundred pounds old 
tenour be sold for the payment of the said Margaret's present 
debts and comfortable support for the future, and that the 
said James Bench and Robert Walker, also of said Stratford, 
are hereby authorized and impowered to make and execute 
deed or deeds of such land to the purchaser. 

Upon the memorial of John Woodworth, representing to 
this Assembly that in the service of this Colony, in the late 
expedition against Cape Breton, he lost one of his eyes, and 
is thereby in a great degree obliged to lose his time : 
Resolved by this Assembly, that the Treasurer pay out of the 
publick treasury of the Colony to the said Woodworth the 
sum of thirty pounds old tenour. 

Upon the memorial of Amos Calkins, representing to this 
Assembly his distressed and piteous condition, by reason of a 
fall in or by the fire, whereby he has lost the sight of one eye and 
is rendered uncapable of labour by reason of his sore conditionj 
and praying that his rateable estate may be freed from the 
general list: Resolved by this Assembly, that the rateable 
estate of the memorialist shall be exempt from being taxed 
for the future. 

Upon the memorial of Richard Hendey, Robert Griffen, 
Isaac Stow and Jasper Gritfon, all of Guilford in the county 
of New Haven, praying that they may be annexed to and 
made members of the fourth society in said town, and be ex- 
empted from paying taxes in the first society in said town : 
Resolved, that the memorialists be, and they are hereby, 
annexed to said fourth society in said Guilford, and are here- 
by also freed from paying taxes to the first society in said 
Guilford accordingly. 

Upon the memorial of the proprietors of the township of 

40 



314 PUBLIC RECORDS [May, 

Sharon, by their agent Mr. John Williams, praying for a 
patent of said township : Resolved by this Assembly, that 
his Honour the Governor and the Secretary of this Colony be 
impowered, desired and directed, and they are hereby im- 
powered, desired and directed, to execute the patent of said 
township by said proprietors now presented to this Assembly, 
as prayed for. 

Upon the memorial of Joseph White, agent for the third 
society in Midletown, praying for a committee to ascertain the 
place for building a meeting-house in said society : Resolved 
by this Assembly, that Colo. Joseph Pitkin, Abraham Kilbourn 
and Capt. Jonathan Hills, be a committee for that purpose, 
and to repair to said society, first notifying all parties con- 
cerned, and to view their circumstances, and to affix and 
ascertain a place for the building a meeting-house in said 
society, and make their report to this Assembly at their 
present sessions. 

Upon the memorial of John Porter, Jacob Seargant and 
Abigail Porter, all of Mansfield, administrators on the estate 
of the late Experience Porter of said Mansfield, deceased, 
praying liberty to sell so much of the land of said deceased as 
may be sufficient to discharge the sum of £215 10s. 2d. old 
tenour, debts due from said estate more than the inventoried 
moveable estate, with the incident charges thereon : Resolved 
by this Assembly, that the said John Porter, Jacob Sergeant 
and Abigail Porter, have liberty to sell so much of the land 
of saiS deceased Experience Porter as may make the said sum 
of £215 10s. 2d. old tenour, with the incident charges there- 
of, taking the direction of the probate court in the district of 
Windham therein. 

Upon the memorial of Daniel Elsworth, agent for the parish 
of Ellington in the township of Windsor, representing the 
burthens lying upon said parish by the diminution of their 
inhabitants, and the resignation of their minister in his pasto- 
ral office, and their inability to settle another minister in said 
parish, and praying for a tax on all the unimproved lands 
within said parish : Resolved by this Assembly, that a tax or 
rate of four pence per acre be assessed on all the unimproved 
lands within the bounds and limits of said parish of Ellington, 
to be levyed annually for the space of four years next after 
the rising of this Assembly, and to be collected by the col- 
lector of the said parish for the time being, and by him to be 
delivered into the hands of the committee of said parish, to 
be improved towards the settling and support of a gospel 
minister among them. 



1747.] • OP CONNECTICUT. 315 

[421] Upon the memorial of the first society in Fairfield, 
praying this Assembly to fix and establish a place in said so- 
ciety to build a meeting-house upon, as per their memorial on 
file : Resolved by this Assembly, that the place where the old 
meeting-house now stands in said society be and is hereby 
fixed and established to be the place to build a new meeting- 
house upon in said society for divine worship. 

On the memorial of James Nickols, of Waterbury, shew- 
ing that by a judgment of the county court held in New Haven 
in April, 1746, rendered in favour of the Governor and Com- 
pany of this Colony on a mortgage deed, execution had been 
levyed on about twenty-five acres of land ; praying said land 
may be released on the memorialist's paying the principal 
sum and interest growing thereon, together with cost : 
Resolved by this Assembly, that in case said James Nickols 
shall pay into the treasury the principal sum borrowed, with- 
in sixty days next coming, and the interest growing to that 
time, and all costs arising thereon, the said Nickols shall have 
a deed of release of the mortgaged premises under the seal of 
the corporation executed in due form of law therefor accord- 
ingly. 

Upon the memorial of Timothy Pierce, Esq^, representing 
to this Assembly that the debts and charges due from the 
estate of Timothy Pierce jun. of Plainfield, deceased, sur- 
mounts the moveable estate of said deceased the sum of .£239 
15s. 5cZ., praying to this Assembly for power and liberty to 
sell so much of the real estate of said deceased as to pay the 
same : Resolved by this Assembly, that said Timothy Pierce, 
Esq"", be and hereby is impowered to sell so much of the real 
estate of said Timothy Pierce jun^, as shall be sufficient to 
pay the said sum of X239 15s. 5d. and the necessary charges 
arising thereon ; and that the said Timothy Pierce, Esq"", give 
due notification of the time and place of the sale of said real 
estate, and sell the same at a publick vendue, to the highest 
bidder. 

Upon the memorial of the President and Fellows of Yale 
College : Ordered, that the sum of eighty-five pounds fourteen 
shillings and three pence in bills of the new tenour be allowed 
and paid out of the Colony treasury to the said president and 
fellows, for the last half year, in lieu of what was granted 
them by this Assembly in May, 1745. 

Upon the memorial of Benjamin Wheat, administrator on 
the estate of Richard Tozer, deceased, shewing to this Assem- 
bly that said Tozer served as doctor under Doctor Morison at 
Cape Breton for some consideral^le time, and praying for some 



316 PUBLIC RECORDS [May, 

satisfaction for his services, as set forth in said memorial : 
Whereupon it is resolved' by this Assembly, that the said 
Benjamin Wheat, as administrator, receive out of the publick 
treasury of this Colony the sum of thirty pounds per month 
for the term of four months and fifteen days, (including the 
■wages the said Tozer, or any in his behalf, hath received as 
souldier and clerk,) for his service as doctor at Cape Breton, 
and in full satisfaction therefor ; and the Treasurer of this 
Colony is hereby directed to pay the same. 

Upon the memorial of Hannah Thompson, of New Haven, 
administratrix on the estate of Joseph Thompson late of New 
Haven, deceased, shewing to this Assembly that the debts 
due from the estate of the deceased surmount the moveable 
estate of the deceased the sum of <£700 Os. Od., praying the 
said Assembly to appoint some suitable person to sell so much 
of the real estate of said deceased as to make said sum with 
the charges thereon arising : Resolved by this Assembly, that 
the said administratrix be impowered, and she is hereby im- 
powered, to sell so much of the real estate of the said 
deceased, (taking the advice of the court of probate in the 
district of New Haven,) as to make said sum with the charges 
thereon arising. 

Upon the memorial of Ephraim Bate, administrator on the 
estate of Robert Bate late of Saybrook, deceased, shewing to 
this Assembly that the debts due from said estate surmount 
the moveable estate the sum of X82 5s. 6d., and praying for 
liberty to sell so much of the lands of the said deceased as 
will amount to the said sum of X82 5s. Qd.: Resolved by 
this Assembly, that said administrator have liberty to sell so 
much of the lands of the said deceased as will amount to the 
said sum of <£82 5s. 6d. together with the necessary charges 
arising on the sale thereof, taking the advice of the court of 
probate in the district of Guilford. 

An Act advancing the Fare of the Ferry over New Haven East River. 
It is resolved by this Assembli/ /Vhai the fare of said ferry 
for the future shall be, for man, horse and load, nine pence ; 
each single horse, seven pence ; each foot man, six pence, all 
oldtenour: always provided this act extend not to interrupt 
any agreement between the town of New Haven and the 
ferry-man of said ferry. 

Cost allowed to John Stoyel and the proprietors of Volun- 

town against Zachariah Frink, to answer the petition of said 

Frink preferred to this Assembly and withdrawn, is <£5 16s. Sd. 

[422] Upon the memorial of Caleb Andruss, administrator 

on the estate of Gideon Andruss late of New Baven, deceased, 



1747.] OF CONNECTICUT. 317 

shewing this Assembly that the debts due from the estate 
of the said deceased surmount the moveable estate of the 
deceased the sum of .£25 16s. Id., and praying for Hberty to 
sell lands for tlie discharge of the same, &c.: Resolved by 
this Assembly, tliat the said administrator sell so much of 
the real estate of tlie said deceased, taking the advice of the 
court of probate in New Haven, as to enable him to pay the 
aforesaid debts with the necessary charges arising thereon. 

Upon the memorial of the proprietors of Kent, by their 
agent Mr. Timothy Hatch, praying for a patent of the said 
township : Resolved by this Asseml)ly, that his Honour the 
Governor and the Secretary of this Colony be impowered, 
desired and directed, to execute a patent of said township 
now presented to this Assembly, as prayed for. 

This Assembly grants to the Honourable Jonathan Law, 
Esqr, Governor, the sum of one hundred and thirty pounds 
new tenour, for the first half year's salary for the current 
year. 

This Assembly grants to the Hon^'e Roger Wolcott, Esq"", 
Deputy Governor, the sum of sixty-five pounds new tenour, 
for the first- half year's salary for the year ensuing. 

This Assembly grants Elialvim Palmer, Esq"", our Agent at 
Great Britain, the sum of three hundred pounds in old tenour 
bills of publick credit, for his salary for the current year. 

This Assembly grants to John Whiting, Esq', Ti-easurer of 
this Colony, the sum of thirty pounds new tenour bills of 
credit, for his first half year's salary for tiie current year. 

This Assembly grants to George Wyllys, Esq"", Secretary of 
the Colony, the sum of eight pounds new tenour bills of credit, 
for his salary the current year. 

Resolved by this Assembly, That all such petitions, memori- 
als, reports of committees, remonstrances, as by continuance 
or otherwise are found entered in the rolls of the business of 
this Assembly, be, and the same hereby are, continued to the 
sessions of this Assembly to be holden at New Haven in 
October next. 

Whereas this Assembly is drawn out to such a length that 
all the members cannot conveniently attend to hear the records 
read: This Assembly appoints Nathaniel Stanly, William 
Pitkin, John Chester, Esq'"% Colo. Thomas Welles, Mr. Joseph 
Buckingham and Mr. Joseph Talcott, a committee to attend 
his Honour the Deputy Governor, at the Court House in Hart- 
ford, to hear the records of the doings of this Assembly read 
off, and then see them signed by the Secretary as perfect and 
compleat. 



318 PUBLIC RECORDS [October, 

The several Acts, Grants and Orders of this Assembly, as 
they stand entered on the pages of this book next preceding, 
were read off in the presence of his Honour the Deputy Gov- 
ernor and the major part of the committee above named, and 
signed as compleat. 

George Wyllys, Secret'y. 



[423] Anno Regni Regis Georgii secundivigessimo-primo. 

At a General Assembly holden at New Haven in his 
Majesties English Colony op Connecticut in New Eng- 
land IN America, on the second Thursday op October, 

(being the 8th DAY OP SAID MONTH,) AND CONTINUED BY 

SEVERAL ADJOURNMENTS UNTIL THE 29th DAY OP THE SAME 

MONTH, ANNOQUE DOMINI 1747. 

Present : 

The Honourable Jonathan Law, Esquire, Governor. 

The Hon^ie Roger Wolcott, Esq^", Deputy Governor. 
James Wadsworth, Roger Newton, "^ 
Nathaniel Stanly, Ebenezer Silliman, 
Samuel Lynde, Jonathan Trumble, ^Esq^s, Assistants. 

William Pitkin, Andrew Burr, 

Thomas Fitch, John Chester, 

Representatives or Deputies that attended at the Assembly are 

as folloiv^ (viz:) 
Mr. Joseph Buckingham, Colo. Joseph Pitkin, for Hartford. 
Mr. Jeremiah Miller, Colo. Gurdon Saltonstall, for New London. 
Mr. Eleazer Carey, Colo. Jabez Huntington, for Windham. 
Capt. Joseph Phelps, Mr. Benjamin Skinner, for Hebron. 
Mr. John Griswould, Mr. Richard Lord, for Lyme. 
Capt. Thomas Tousey, Mr. John Northrup, for Newtown. 
Capt. John Benedict, Mr. Daniel Benedict, for Danbury. 
Mr. Joseph Denison, Mr. Jonas Prentiss, for Stoningtown. 
Capt. Moses Fish, Mr. Luke Perkins, for Groton. 
Capt. Moses Hawkins, Mr. Abel Gun, for Derby. 
Capt. James Case, Mr. Andrew Robey, for Symsbury. 
Capt. Charles Bulkley, Mr. John Day, for Colchester. 
Colo. Elisha Williams, Colo. EUzur Goodrich, for Weathersfield. 
Mr. Samuel Fitch, Mr. Ehiathan Hanford, for Norwalk. 
Capt. Jonathan Lane, Capt. Isaac Kelsey, for Killingsworth. 
Capt. Isaac Dickerman, Capt. Samuel Sherman, for New Haven. 
Capt. John Read, Mr. David Rowland, for Fairfield. 
Colo. Hez'i Huntington, Mr. Ebenezer Backus, for Norwich . 
Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford. 



1747.] OP CONNECTICUT. 319 

Mr. Thomas Hart, Mr. Timothy Porter, for Farmingtown. 
Capt. John Fowler, Mr. Robert Treat, for Milford. 
Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 
Mr. Caleb Martin, Mr. Benja. Heacox, for Woodberry. 
Colo. Slmbael Conant, Mr. William Johnson, for Mansfield. 
Mr. Solomon Tracy, Capt. Gideon Cobb, for Canterbury. 
Mr. Sam'. Morgan, Capt. Ebenezer Leonard, for Preston. 
Mr. John Tulley, Mr. John Murdock, for Saybrook. 
Capt. Nath'. Harrison, Mr. Jonath. Russell, for Branford. 
Mr. Sami. Canfield, Mr. Paul Welch, for New Milford. 
Mr. Ebenezer Holbrook, Mr. Sam'. Sumner, for Pomfrett. 
[421] Major Jabez Hamlin, Mr. Return Meiggs,for Midletown. 
Capt. Nathan Camp, Capt. Abram Bartlctt, for Durham. 
Major Hez'i. Sabin, Mr. Boaz Stearns, for Killingly. 
Capt. Joseph Sandford, Capt. Thos. Harrison, for Litchfield. 
Colo. Samuel Hill, Capt. Thomas Hotclikiss, for Guilford. 
Mr. James Cone, for East Haddam. 
Mr. Ebenezer West, Major Joseph Fowler, for Lebanon, 
Capt. Robert Dixson, Capt. Thos. Kesson, for Voluntown. 
Capt. Nath' Weed, Mr. Abram Davenport, for Stanford. 
Capt. Pelatiah Allyn, Capt. John Elsworth, for Windsor. 
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgefield. 
Capt. Israel Knapp, Mr. Ebenezer Mead, for Greenwich. 
Mr. John Creerey, Mr. Benja. Wheeler, for Plainfield. 
Mr. Phinehas Strong, Mr. Silas Long, for Coventry. 
Capt. Nath'. Sutlief, for Haddam. 

Capt. Theoph. Nickols, Capt. Robert Fairchild, for Stratford. 
Capt. Timothy Hopkins, Mr. James Baldwin, for Waterbury. 

Colo. Thomas Welles, Speaker, ^ of the House of Mepresenta- 

Capt. John Fowler, Clerk. \ tives. 

Several members of the Assembly who had not taken the 
oaths provided by act of Parliament, instead of the oaths of 
allegiance and supremacy, now took the said oaths, and like- 
wise the oath of abjuration, and made the declaration against 
popery. 

This Assembly do establish and confirm Mr. Timothy Hin- 
man to be Lieutenant of the south company or trainband in 
the town of Woodberry, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan Bur- 
ley to be Lieutenant of the Troop of Horse in the 3d regiment 
in this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Philip Turner 
to be Cornet of the Troop of Horse in the 3d regiment in this 
Colony, and order that he be commissioned accordingly. 



320 PUBLIC RECORDS [October, 

This Assembly do establish and confirm Mr, Abraham 
Brooks to [be] Captain of the 11th company or trainband in 
the 7th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Hub- 
bard to be Lieutenant of the 11th company or trainband in the 
7th regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Elijah Brainerd 
to be Ensign of the 11th company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Dart 
to be LieuteJiant of the 4th company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Simon Smith 
to be Ensign of the 4th company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Henry Glover 
to be Lieutenant of the first company or trainband in the town 
of Newtown, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. David Cadey 
to be Captain of the first company or trainband in the town 
of Killingly, and order that he be commissioned accordingly. 

[425] This Assembly do establish and confirm Mr. Jona- 
than Camp to be Lieutenant of the Troop of Horse in the 
9tli regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Deliverance 
Cleaveland to be Ensign of the second company or trainband 
in the town of Canterbury, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Warner 
to be- Lieutenant of tlie first company or trainband in the 
5tli regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Abraham Post 
to be Ensign of the lOtli company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 



1747.] OP CONNECTICUT. 321 

This Assembly do establish and confirm Mr. Thomas Sey- 
mour to be Captain of tlie company or trainband in the parish 
of Canaan, and order that he be commissioned accordingly. 

Tliis Assembly do establish and confirm Mr. Eliphalet 
Sealey to be Lieutenant of the company or trainband in the 
parish of Canaan, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Samuel Hand- 
ford to be Ensign of the company or trainband in the 
parish of Canaan, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Israel Bunnel 
to be Captain of the company or trainband in the parish of 
West Haven, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Kimberly to be Lieutenant of the company or trainband in 
the parish of West Haven, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Japhet Ben- 
ham to be Ensign of the company or trainband in the parish 
of West Haven, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Amos Spafford 
to be Captain of the Troop of Horse in the 12th regiment in 
this Colony, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Benjamin 
Davenport to be Cornet of the Troop in the 12th regiment in 
this Colony, and order that he be commissioned accordingly. 

Tliis Assembly do establish and confirm Mr. Dan Throop to 
be Lieutenant of the Troop of Horse in the 12th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Phelps 
to be Quarter-Master of the Troop of Horse in the 12th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nathaniel 
Durkee, to be Lieutenant of the 5th company or trainband in 
the town of Woodberry, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Ephraim Ba- 
ker to be Ensign of the 5th company or trainband in the 

41 



322 PUBLIC RECORDS [October, 

town of Woodberry, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Elisha Stoddard 
to be Captain of the 1st company or trainband in the town of 
Woodberry, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. David Burn- 
ham to be Lieutenant of the 1st company or trainband in 
the town of Woodberry, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Mathew 
Minor to be Ensign of the 1st company or trainband in the 
town of Woodberry, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel Hunt- 
ington to be Captain of the south company or trainband in 
the 1st society in Lebanon, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Fitch 
to be Lieutenant of the south company or trainband in the 
1st society in Lebanon, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Garret Wine- 
gar to* be Captain of the south company or trainband in the 
town of Sharon, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Jacob Bacon 
to be Ensign of the south company or trainband in the 
town of Sharon, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Thomas North 
to be Captain of the north company or trainband in the town 
of Sharon, and order that he be commissioned accordingly. 

[426] This Assembly do establish and confirm Mr. Stephen 
Calkins to be Lieutenant of the north company or trainband 
in the town of Sharon, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr, E'oenezer 
Sprague to be Ensign of the north company or trainband in 
the town of Sharon, and order that he be commissioned ac- 
cordingly. 

The Gentlemen that stand hi Nomination for Election in May next, as 

sent in to this Assembly by the Freemen, are as follow : 

The Hon'^''= Jonatb. Law, Esq"", 

The Hon'^'« Roger Wolcott, Esq"-, 



1747.] OP CONNECTICUT. 323 

James Wadsworth, Esq"", John Bulkley, Esq"", 

Natli' Stanly, Esq^, Andrew Burr, Esq^ 

Timo. Pierce, Esq^, John Chester, Esq'", 

Sara' Lynde, Esq"", Hez^ Huntington, Esq"", * 

W'l. Pitkin, Esqr, Colo. Gurdon Saltonstall, 

Thos Fitch, Esqs Mr. John Griswould, 

Roger Newton, Esq"", Colo. EUsha Williams, 

Ebenezer Sillinian, Esq"", Colo. Benjamin Hall, 

Jonath. Trumblc,Esq'", Capt. Roger Wolcott. 

This Assembly do appoint Mr. Phinehas Strong to be a 
Justice of the Peace lor the county of Windham till the first 
of June next. 

Upon the memorial of the President and Fellows of Yale 
College : Ordered, that the sum of eighty-five pounds fourteen 
shillings and three pence, in bills of the new tenour, be allowed 
and paid out of the Colony treasury to the said president and 
fellows, for the first half of the current year, in lieu of what 
was granted them by this Assembly in May, 1745. 

Upon the memorial of the parish of New Cambridge, by 
their agent Ebenezer Hamlin of said parish, shewing this As- 
sembly that in May, 1745, there was a tax of six pence per 
acre on the lands in said parish granted by said Assembly, 
and Moses Lyman of said parish was appointed to collect the 
same, and said Lyman having removed out of said parish, and 
praying for some other person to be appointed to collect the 
remainder of said tax : Resolved by this Assembly, that Jo- 
siah Lewiss be appointed to collect the two last years tax of 
the tax aforesaid, in room of the said Moses Lyman. 

Upon the memorial of the inhabitants of the parish of North 
Stratford in the town of Stratford, praying that a committee 
be appointed to repair to said society and view tiieir circum- 
stances and affix a place whereon said society may build a 
meeting-house for divine worship : Resolved by this Assembly, 
that Samuel Sherwood, Esq^ Mr. David Rowland and Mr. 
Nathaniel Farrand, be a committee to view the circumstances 
of said society, affix and ascertain the place on which said 
society may build a house for divine worship, and make report 
to the General Assembly in May next. 

Upon the memorial of Elisha Andrews and Benoni House, 
executors to the last will and testament of Stephen Shipman, 
of Glassenbury, in the county of Hartford, deceased, shewing 
to this Assembly that the debts due from the estate of the 
said deceased Stephen Shipman surmount the moveable estate 
of the said deceased the sum of seventy-three pounds sixteen 
shillings and one penny old tenour, and praying this Assembly 



324 PUBLIC RECORDS [October, 

to grant liberty to the said memorialists to sell so much of 

the lands of the said deceased as will pay the sum aforesaid 

and the charges arising thereon : This Assembly grants liberty 

Ijo the memorialists aforesaid to sell so much of the lands of 

the said deceased Stephen Shipman as will pay the sum of 

^73 16s. Id. old tenour, and the incident charges arising on 

the sale thereof, taking the advice of the court of probate in 

the district of Hartford therein. 

An Act for the Stating the Toll of the Bridge over the Great River at 
New Milford, called the Toll Bridge. 

Be it enacted by the Governor, Council and Hejyresentatives, in 
General Court assembled, and by the authority of the same, 
That for the future the toll of said bridge for each team shall 
be one shilling and two pence ; for each man, horse and load, 
nine pence ; each single man, four pence ; and for each horse 
and each neat kind that shall be led or drove, four pence per 
head ; and for each sheep or swine, one penny per head ; all 
old tenour. 

[427] An Act for raising the Fare of the Ferry at New London called 
New^ London Ferry. 

Be it enacted by the Governor, Council and Representatives^ 
in General Court assembled, and by the authority of the same, 
That for the future the fare of said ferry shall be, for man, 
horse and load, eighteen pence ; for each single person, eight 
pence ; for each led horse, twelve pence ; for each ox, two 
shillings ; and for all other neat cattle, eighteen pence per 
head ; and for all sheep, hogs, or goats, two pence per head, 
and no more ; all to be paid in old tenour bills. 

Upon the memorial of Ebenezer Lines of New Haven, shew- 
ing the difficulty he labours under on the account of having 
one of his arms broken, and praying for exemption of his 
head out of the list, &c. : Resolved by this Assembly, that 
the said Lines for the future have his head freed from being 
taxed in the publick list in this Colony accordingly. 

Upon the memorial of Judith Yale, administratrix on the 
estate of Elihu Yale of Wallingford, deceased, shewing this 
Assembly that the debts due from tlie estate of the said 
deceased surmounts the moveable estate of said deceased the 
sum of X69 17&'. M., and praying liberty to sell so much of 
the lands of the said deceased as to enable said administra- 
trix to pay said sum with the charges arising thereon, &c. : 
Resolved by this Assembly, that the said administratrix have 
liberty to sell so much of the lands of the said deceased, 
talcing the advice of the court of probate in New Haven, 
as to enable said administratrix to pay the said sum of 
.£69 17^. 4:d. with the necessary charges arising thereon. 



1747.] OP CONNECTICUT. 325 

Upon the memorial of Elizabeth Perkins, administratrix 
on the estate of Daniel Perkins late of New Haven, deceased, 
shewing to this Assembly that the debts, charges, &c., due 
from said estate surmount the moveable estate the sum of 
<£71 5s. "Id., praying that she may be allowed and impowered 
to sell so much of the real estate of said deceased as to pay 
said sum and the charges arising thereon : Resolved by this 
Assembly, that, with the advice and direction of the court of 
probate in the district of New Haven, the said administratrix 
may and shall sell so much of the real estate of the said 
deceased as to pay said sum and the charges arising thereon, 
and give a deed of conveyance accordingly. 

Upon the memorial of Daniel Latham, John Whitney, Jeda- 
diah Chester and Lancaster Gorton, preferred to this Assem- 
bly in May last, shewing to this Assembly that they had 
served this Colony on board tbe country sloop tlie year past, 
and had wages due to them, which Capt. Michael Burnliam, 
captain of said sloop, had received, and for some reasons 
were witheld from them ; thereupon praying this Assembly 
that they would order the said Capt. Burnham to pay them 
their respective wages, &c. ; whereupon the Assembly did, in 
their sessions in May last, determine that the prayer of the 
said memorialists be granted as prayed for, and that a bill of 
form should be brought in accordingly : yet no bill in form 
being brought in to the Assembly at their sessions aforesaid : 
Whereupon it is now resolved by this Assembly, that the said 
Capt. Michael Burnham do forthwith pay to the memorialists 
abovenamed all the wages due to each of them respectively 
for their service on board the said country sloop. 

On the memorial of the President and Fellows of Yale 
College in New Haven, praying this Assembly to give proper 
orders and directions for the disposal and improvement of the 
money to be raised in pursuance of an act of this Assembly 
made in May last for the building a new house for the enter- 
tainment of the students of said college : Resolved by this 
Assembly, that Capt. John Hubbard, Mr. Samuel Mix and 
Mr. Chauncey Whittelsey, be and are hereby directed to de- 
liver unto the said president and fellows, or their order, all 
such money as shall be raised in pursuance of the act afore- 
said, to be by them improved at their discretion for the build- 
ing the house aforesaid. 

This Assembly do establish and confirm Mr. Moses Atwater 
to be Ensign of the 1st company or trainband in the parish 
of New Cheshire, and order that he be commissioned accord- 
ingly. 



326 PUBLIC RECORDS [October, 

On the petition of Joseph Hurlburt, of New London, vs. 
Gurdon Saltonstall, Esqi", <fec., of New London, on file: The 
question was put, wliether anything should be granted there- 
on: Resolved by this Assembly in the negative. Cost allow- 
ed respondents <£10 4s. Sd. old tenour. JEx. granted Oct. 22d, 
1747. 

An Act in Addition to the La'w entituled An Act for enlarging 
Goalers' Pees. 

Be it enacted hy the G-overnoi% Council and Representatives., in 
General Court assembled, and hy the authority of the same, 
That for the future each goaler in the respective counties 
within this Colony shall be allowed four shillings new tenour 
per week for dieting each prisoner ; any law, usage or custom 
to the contrary notwithstanding. 

[428] This Assembly do order and direct Colo. John 
Whiting, Treasurer of this Colony, to attend the Assembly 
on Monday the 26th day of October instant, and bring with 
him a sufficiency of bills of credit in his hands to defray the 
charges of this Assembly. 

Upon the representation and complaint of Benjamin Skin- 
ner, Joseph Pbel|)S and John Gillett, agents for the first 
society in Hebron, shewing that in the nigbt season next 
after the 15th day of October instant, was set on fire and 
burnt down to ashes the meeting-house for publick worship in 
said society, which they was then about to enlarge, and pray- 
ing that the same place be affixed and ascertained for the 
building of another meeting-house in said society : Resolved 
by this Assembly, tiiat the aforesaid place where said former 
meeting-house stood be affixed, and the same is hereby affixed 
and ascertained, to be the place for the building of a meeting- 
house for publick worship within and for said first society in 
said Hebron. 

Upon the petition of Thomas Hill, of Fairfield in the county 
of Fairfield, vs. Robert Turney and Timothy Wheeler, of said 
Fairfield, proprietors of the common and undivided land in 
said Fairfield, and the rest of the proprietors of the said com- 
mon and undivided land in said Fairfield, complaining of a 
judgment of the superior court held in Fairfield on the last 
Tuesday save one in August last, rendered against him in 
favour of said proprietors on a demurrer to the declaration 
in an action brouglit by the petitioner against the said pro- 
prietors for the partition of some of the said common and 
undivided lands, alledging that, or in the rendering said judg- 
ment manifest error hath intervened, and praying that the 
judgment of the said superior court may be reversed and set 
aside ; and praying this Assembly to grant the petitioner a, 



1747.] OP CONNECTICUT. 327 

new tryal of the aforesaid case at the superior court to be 
held at said Fairfield on the last Tuesday save one of Febru- 
ary next, and that the whole cost follow the final judgment 
in said case : Resolved by this Assembly, that the aforesaid 
judgment of the superior court be reversed and set aside, and 
the same is hereby reversed and set aside accordingly ; and 
liberty is hereby granted to the petitioner to have another 
tryal of the aforesaid action at the superior court to be held 
in Fairfield on the last Tuesday save one in February next, 
and that the whole cost in said action shall follow the final 
judgment that shall be rendered in said case. 

Upon the petition of James Rogers, of New London, against 
Richard Durfey, of said New London, setting forth that the said 
Richard Durfey brought his action against the said Rogers, 
demanding £162 3s. 2d. by book, which came to a final tryal 
at the superior court held in Norwich in March last, at which 
tryal the said Rogers was not allowed to give his book in evi- 
dence with the charge of mariners' wages in it, whereby he 
was prevented of having credit for the greater part of his 
charge, and had the judgment rendered against him for the 
sum of <£337 lis. Id. debt, besides a large bill of cost; pray- 
ing the Assembly to set aside the said judgment and appoint 
commissioners to examine and adjust their accounts, as by 
the petition on file appears ; which petition was preferred to 
this Assembly in May last, and thereupon the said Assembly 
suspended said judgment of the superior court with all the 
doings thereon, and appointed Samuel Lynde, Esq"", and 
Messrs. Ebenezer Backus and Stephen Lee, to hear and 
examine the accounts between the parties, as well respecting 
mariners' wages as other articles, and make report to this 
Assembly in their present sessions: And whereas the said com- 
missioners' report made to this Assembly has in this present 
sessions been set aside: This Assembly doth further suspend 
said judgment of the superior court, and all the doings tliere- 
on, and do appoint Colo. Hezh Huntington, Colo. Gurdon 
Saltonstall and Mr. Nathaniel Shaw, to hear and examine the 
accounts between the said Richard Durfey and James Rogers, 
as well respecting mariners' wages as other articles, and 
make report to this Assembly in May next what they shall 
find the just ballance of their accounts in favour of either 
party. 

On the petition of Gideon Welman, &c., of Killings worth, 
and Elias Shipman, of Saybrook, vs. Josiah Wilcox of Kill- 
ingsworth, as on file: The question was put, whether the 
prayer of said petition should be granted : Resolved by this 



328 PUBLIC RECORDS [October, 

Assembly in the negative. Cost allowed respondent is £9 
10s. lid. Ex. granted JanWy 19^^, 174|. 

[429] On the petition of Benjamin Barns, Jun"", and 
Lydia his wife, of Branford, vs. Samuel Hazzard, of the city 
and province of New York : The question was put, whether 
the pleas offered by the respondents in abatement of said 
petition are sufficient: Resolved by this Assembly in the 
affirmative. 

The petition of Zachariah Frink, of Yoluntown, vs. John 
Dixson, late of Voluntown now of Killingly, &c., and William 
Trumble and James Douglass, of Voluntown, proprietors of 
the common and undivided lands in Voluntown, and the rest 
of the proprietors of said common and undivided lands, being 
entered, &c., the same was withdrawn by the petitioners' 
attorney, Mr. Walker : thereupon the respondents exhibited 
a bill for their cost, which is allowed to be <£13 6s. 4^(^. 
money old tenour. Ex. granted October 21st, 1747. 

This Assembly grants unto Timothy Green, printer, for his 
first half year's salary, the sum of eighteen pounds in bills of 
credit of the new tenour. 

Upon the memorial of Nathaniel Tracey, Samuel Standish, 
Caleb Gates, Daniel Park, Daniel Gates, Samuel Tracey, Sam- 
uel Palmer, Thomas Standish, Thomas Gates, Joseph Free- 
man, James Freeman, Caleb Freeman, Daniel Tracey, jun'"., 
Benjamin Brewster, and -Joseph Tracey, all inhabitants of Nor- 
wich, in New London county, living on the easterly side of 
Norwich, (viz:') between the ancient reputed line and the true 
line as it is now settled between said Norwich and Preston, 
shewing that this Assembly at their sessions in Hartford, in 
May, 1735, did enact that the inhabitants living to the east- 
ward of said ancient reputed line, or that had estates there, 
should pay their rates to said town of Preston until the line 
between said towns was otherwise settled, and that in obedi- 
ence to said act they have ever since given in their lists and 
paid their rates to Preston until this present year, and that 
the dividing line between said towns was, in the beginning of 
May last, by committees from each of the said towns respect- 
ively appointed for that purpose, settled and established : but 
that the listers for the town of Norwich, the act of Assembly 
aforesaid notwithstanding, did, in the year 1746, fourfold the 
memorialists for all their estates lying to the eastward of said 
reputed Una, the true line then not being any otherwise set- 
tled than at the time of making said act; and praying this 
Assembly to abate said fourfold assessment, and declare the 
doings of said listers thereon to be null and void : Where- 



1747.] OF CONNECTICUT. 329 

upon it is resolved by this Assembly, that the fourfold assess- 
ments aforesaid be set aside, and they are hereby made void, 
and that all the rates that are thereon made by any of Norwich 
aforesaid are abated, and that all officers yield obedience 
hereunto. 

Upon the memorial of Joseph Weed, shewing that he was 
suspected to be guilty, with others, of helping, aiding and 
abetting in forging an order or orders on the Treasurer of this 
Colony, for which, on the ^th of May, 1747, before John 
Hubbard, Esq^., justice of the peace for New Haven county, 
he was recognized to appear before the superior court held in 
New Haven on the last Tuesday of August last, to answer for 
said crime or any other matter that should be charged against 
him in behalf of our Lord the King, and not depart without 
lycence, &c., and that being by accident prevented appearing 
before said court on the first day of the sessions, he and his 
sureties were called out, by whicli means the said recognizance 
is forfeited; and also shewing he moved on the second day of 
the court to be admitted to appear, but h.is motion was by said 
court denied ; and thereupon praying for relief: Resolved by 
this Assembly, that the said Joseph Weed be admitted to ap- 
pear before the superior court to be held in New Haven on the 
last Tuesday of February next, and submit himself to a tryal 
therein for the matters to which he was recognized to answer; 
and if he so submit himself and abide the judgment of the 
said court that shall be given against him for any of the mat- 
ters aforesaid, that the said Weed sliall be discharged from 
said recognizance, but on failure therein it shall remain in 
force against the recognizors, this provision notwithstanding. 

This Assembly grants to Colo. Joseph Pitkin, of Hartford, 
the sole privilege of slitting iron within this Colony for the 
term of fourteen years from the sessions of this Assembly, 
and that a patent be executed in due form, to secure the said 
privilege to him and such others as he shall desire to be 
named with him therein: with this proviso only, that he shall 
certify this Assembly in May next that he hatli began to pro- 
vide to build a slitting mill, and that the same be set on work 
within two years from the present sessions of this AssembW, 
and kept going as occasion shall be to the end of the said 
term. 

[430] Resolved, That Jonathan Trumble, John Chester, 
Esq's, Colo. Thomas Welles and Colo. Joseph Pitkin, be and 
they are hereby appointed Auditors of the publick accounts 
of the Colony with the Treasurer some time before the ses- 
sions of this Assembly in May next, and to do what shall be 
42 



330 



PUCLIC RECORDS 



[October, 



needful to render the accounts distinct and clear, and prepare 
an account of the bills of pu blick credit of this Colony that 
are now outstanding. 

An Act for advancing' and stating- the Pare of the Ferry called Keeny's 
Ferry passing over Connecticut River from Hartford £o Weathersfleld. 

Be it enacted hy the Governor^ Council and Rej^reseyitatives, 
in General Court assembled, and hy the authority of the same, 
That the fare of said ferry for tlie future shall be twelve pence 
old tenour for man, horse and load, and six pence for a single 
person or single horse. 

The Sums Total of the Lists of Estate of the several To'wns in this 

Colony hereafter mentioned, sent in to this Assembly and 

accepted, are as follow, viz : 





X s. 


d. 




X 


s. 


d. 


.Hartford, 


35989 14 





New Haven, 


50136 


18 


8i 


New London, 


30981 12 


6 


Fairfield, 


45973 


9 





Windham, 


22256 16 


3 


Windsor, 


34139 


9 


3 


Symsbury, 


14084 14 





Ridgefield, 


9148 


1 


4 


Killingly, 


19017 15 





East Haddam. 


, 16683 


18 





Stoningtown, 


26572 4 


6 


Coventry, 


13878 


11 





Haddam, 


10518 5 


6 


Canterbury, 


13690 





3 


Woodberry, 


23609 2 


9 


Colchester, 


23526 


19 





Voluntown, 


8074 15 





Hebron, 


14541 


18 





Guilford, 


33378 5 


9 


Danbury, 


14593 


6 


5i 


Pomfrett, 


14516 18 





Mansfield, 


13807 





3 


Groton, 


19946 6 


6 


Durham, 


10546 


7 





Tolland, 


7478 19 





New Milford, 


11102 


1 


8 


Killingsworth, 


13948 18 


5 


Wallingford, 


38135 


16 


3 


Plainfield, 


10853 4 





Norwicli, 


48109 


7 


1 


Glassenbury, 


12005 3 


6 


Saybrook, 


18209 


10 





Lichfield, 


9145 15 


6 


Farmington, 


34518 


17 


7 


Preston, 


17939 8 


6 


Newtown, 


11358 


5 


9 


Milford, 


28819 9 


9 


Stanford, 


26002 


6 


8 


Ash ford. 


9340 7 





Stratford, 


34625 


1 


2 


Lyme, 


22667 14 





Waterbury, 


13790 


18 





Greenwich, 


18011 15 





Lebanon, 


33362 


6 


1 


Weathersfleld, 


25881 10 





Brand ford, 


22385 


2 





Norwalk, 


32086 19 


7 


Derby, 


10123 


8 


9 


Midletown, 


43416 19 














Upon the representation of Capt. John Riggs, shewing to 
this Assembly that one Jeremiah Weyman was apprehended 
by order of authority on suspicion of counterfeiting bills of 
publick credit, and thereupon committed to the goal in New 
Haven, and was afterwards delivered to an officer to be trans- 
ported to New York in order to a tryal, and that Samuel 
Weed was apprehended at Waterbury, and fiom thence con- 
veyed to New Haven, for which services no allowance hath 



1747.] OP CONNECTICUT. 3B1 

hitherto been made : Resolved by this Assembly, that Ebene- 
zer Sillimaii, Esq"", and Colo. Benja. Hall be a committee to 
examine and adjust the accounts with respect to their being 
apprehended and committed as aforesaid, and make a reason- 
able allowance to the several persons concerned therein, and 
draw an order on the Treasurer of this Colony accordingly. 

Upon the memorial of the inhabitants of the second soci- 
ety in Lebanon, praying for a committee to ascertain and fix a 
place to build a meeting-house upon in said society : Resolved, 
that Mr. John Phelps, of Hebron, Mr. Joseph Strong, of Cov- 
entry, and Mr. Zephaniah Swift, of Lebanon, be a committee, 
and they are hereby appointed a committee to repair to the 
said second society in Lebanon, view their circumstances, hear 
all parties, and affix and ascertain a place for said society to 
build a meeting-house upon for the publick worship of God, and 
make report to this Assembly in May next. 

[431] Upon the memorial of Thomas Curtiss, Thomas 
Marshal and Ebenezer Lyman jun''., selectmen of the town 
of Torrington, shewing that said town having voted to erect, 
and actually erected, a frame for a meeting[-house] at a place 
legally fixed and ascertained, of the dimensions of thirty foot 
square and eighteen foot between joynts, and also appointed 
Messrs. William Grant, Isaac Higley and Noah Wilson, to 
carry on the building and finishing said house, and granted a 
tax accordingly to defray the charge thereof, yet did soon af- 
ter dismiss said committee, vote to cut down, and did cut 
down, said frame to the height of but eight foot between 
joynts, appointed a second committee, &c. ; and praying a 
new appointment of said Higley and Wilson, together with 
Jacob Strong of said town, a committee, instructing them to 
erect, carry on and finish said house according to its original 
dimensions, &c. : Resolved by this Assembly, that said second 
committee as aforesaid appointed proceed no further to act in 
the affair to which they were appointed, and that the said 
Isaac Higley, Noah Wilson and Jacob Strong be, and they 
hereby are appointed to be, a committee to erect, carry on 
and finish said meeting-house at the said place according to 
the original dimensions thereof, at the proper cost and charge 
of the inhabitants of said town ; who are also hereby directed 
with all convenient speed to convene, and grant and levy a 
tax on the said inhabitants to that purpose ; and that the clerk 
of said town keep account of said disbursements, and certify 
according to law; and that the memorialists for and in behalf 
of said town recover of the said Thomas Stoughton, John 
Cook, Joel Thrall and Aaron Loomis, (as the persons chiefly 



332 PUBLIC EECORDS [October, 

concerned in said disorderly action,) their cost, which is taxed 
and allowed to be <£21 6s. 5d. old tenour money. Ux. 
granted, December 8th, 1T48. 

Upon the memorial of Jasper Starr, John Holt, John Slater 
and others, representing tliat they were in the Colony's ser- 
vice on board the sloop Defence in the expedition against Cape 
Breton in the year 1745, and was joyned with his Majesties 
fleet during the siege at Louisbourg, and for some considerable 
time afterwards, during which sundry captures were made by 
said fleet; that the part and share of said captures and prizes 
belonging to the company on board said sloop Defence, (ex- 
clusive of the captain's share,) was by the captain of said 
sloop, viz : Capt. John Prentiss of New London, since deceased, 
sold to Mr. William Bowdoin of Boston, for the sum of five 
thousand pounds, and that the said Prentiss had received the 
said sum of Mr. Bowdoin in behalf of said company, and that 
neither the said Prentiss in his life time, nor his executors, 
viz : Mr. Jonath. Prentiss and Mrs. Sarah Prentiss, nor either 
of them, since his death, had ever paid out to them their pro- 
portions and just share in said £5000; and praying this 
Assembly would order and appoint some proper persons to 
act as a court of chancery in said affair, &c. : Resolved l)y this 
Assembly, that Samuel Lynde, Esq"", Mr. Jeremiah Miller, 
Colo. Christopher Avery, and Mr. John Ledyard, or any three 
of them, be appointed, and they are hereby appointed and 
impowered, as a court of equity, to take knowledge of all 
those persons that were imployed on board said sloop in said 
expedition and their legal representatives, and at the suit of 
any or either of them, after due notice thereof to the said execu- 
tors given by the parties that shall put in his claim for his 
part of said <£5000, at such time and place as said commis- 
sioners shall appoint they, said commissioners, shall hear the 
parties thereon, make up judgment and award execution in 
favour of such person or persons that shall make out their 
equitable claim and right in said £5000, according to his or 
their just proportion thereof, against the estate of the said 
John Prentiss in the hands of said executors. 

Upon the petition of Thomas Elmor and Joseph Rockwell, 
of Windsor, representing that they brought their action 
against William Moll, of the island of Barbadoes, before the 
county court held at Hartford in and for tlie county of Hart- 
ford on the first Tuesday of November, A.D. 1745, demanding 
the sum of two thousand pounds money, said to be due to 
them l)y book as they were traders in company ; also repre- 
senting that they had charged the said Moll in debt in their 



1747.] OP CONNECTICUT. 333 

book for nineteen cask of tobacco at tliirty shillings Barbadoes 
money per hundred ; that the said action did finally come to 
the superior court held at said Hartford in September last, 
when the same was committed to auditors ; that the said audi- 
tors did entirely reject the said article of the nineteen cask of 
tobacco out of their consideration as not being a proper article 
of book account, whereby the petitioners were much aggrieved; 
and praying that the judgment of the said superior court con- 
sequent thereupon be set aside, and that they may have a 
new tryal of said action at the superior court to be held at 
said Hartlbrd in March next, &c. : Resolved by this Assembly, 
that the aforesaid judgment of the said superior court in Septem- 
ber last be, and it is hereby, set aside, and the petitioners 
have liberty of another tryal in said cause at the superior 
court to be held at said Hartford in March next, and the peti- 
tioners' book may be given in evidence in said tryal ; and 
that the whole cost follow the final judgment. 

[432] Upon the memorial of John Clark, John Penfield, 
and others of the 3d society in Midletown, praying this Assem- 
bly to set aside the report of a committee appointed by the 
General Assembly in May last to affix the place whereon to 
build a meeting-house in said society, and to appoint aiiotlier 
committee to view the circumstances of said society and state 
a place-whereon to build a meetinghouse : Resolved by this 
Assembly, that the report of said committee be set aside and 
another committee granted as prayed for ; and this Assembly 
do appoint Major Elihu Chauncey, Mr. Nathan Camp and 
Capt. Abraham Bartlett, all of Durham, to be a committee to 
repair to said society, and notify all parties concerned, and 
view their circumstances, and affix a place whereon to build 
a meeting-house, and make report to this Assembly in May 
next. 

This Assembly do establish and confirm Mr. Robert Geer 
to be Captain of the 4th company or trainband in the town of 
Groton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. John Stanton 
to be Lieutenant of the 4th company or trainband in the town 
of Groton, and order that he be commissioned accordingly. 

Resolved hy this Assembly^ That the publick Seal of this 
Colony be altered and changed from the form of an oval to 
that of a circle, and that the same shall have cut and engraved 
upon it the same inscription, motto and device, that are on 
the present seal, with a correction of such mistakes as hap- 
pened in the spelling and letters in the inscription and motto 
of the present seal ; and the Secretary of this Colony is 



334 PUBLIC RECORDS [October, 

directed to procure such alteration at the cost of this Colony 
as soon as conveniently may be.* 

This Assembly grants to Thomas Fitch, Esq"", the sum of 
one hundred pounds old tenour, in part of pay for his service 
in revising the laws of this Colony. 

Upon the memorial of Obadiah Dunham, Aaron Wright and 
others, living in the northwest part of the town of Hebron, 
shewing to this Assembly that they live so remote from the 
place of publick worship in the fii'st society in said Hebron, 
where they belong, that it is very inconvenient to attend pub- 
lick worship in said first society ; also shewing the willingness 
of said first society that they be set off; and they praying also 
to be set off and made a distinct ecclesiastical society, and 
that a committee be appointed to view their circumstances to 
that end, &c. : Resolved by this Assembly, that Capt. James 
Church, Capt. Thos. Pitkin nnd Capt. Joiiath. Hills, be a 
committee to repair to the said tov^n of Hebron, first notify- 
ing all parties, and to view the circumstances of the said first 
society in Hebron and the circumstances of the memorialists, 
and ascertain the line between the memorialists and the first 
society in Hebron, if they think reasonable the memorialists 
should be set off as aforesaid ; and they are to report their 
opinion to this Assembly at their sessions in May next upon 
the whole. 

Upon the petition of Jonathan Westover, of Symsbury, 
representing that Samuel Welles, Esq^, of Boston, bro't his 
action against him to the county court held at Hartford in the 
county of Hartford on the first Tuesday of November last, 
on a bond, demanding two hundred pounds lawful money of 
the Province of the Massachusets Bay, which action came 
finally to the adjourned county court held at said Hartford the 
last Tuesday of January last, and was there tryed on the plea 
7ion est factum, and judgment thereon against the petitioners 
rendered ; also representing that one Samuel Smith had im- 
posed upon him, by misreading said bond when he executed 
the same, and also that he, the petitioner, had missed his plea 
in said tryal ; and praying that the said judgment of the said 
county court in said action at the said January court should 
be set aside, and that he may have liberty of another tryal in 
said case, &c. : Resolved l)y this Assembly, that the aforesaid 
judgment of the said county court in January last be reversed, 
and it is hereby reversed and set aside, and the petitioner is 

* Nothin<; ajipcars to h:iv(! been done under this resolution. The word Connec- 
ticensis appeared in the legend around the seal, instead of Comiecticutensis, as at 
present. 



1747.] OP CONNECTICUT. 336 

allowed another tryal in said action at the county court to be 
held at said Hartford on the first Tuesday of November next, 
and he is allowed to alter or amend his plea in said action, 
as he shall see fit ; and in case that the petitioner shall finally 
obtain in said action, the said county court shall make up 
judgment for him to recover against the said Wells all that 
sum which the said Westover hath paid on the judgment 
aforesaid, the former cost excepted, and the future cost shall 
follow the final judgment that shall be rendered in said case. 

[433] On the memorial of Donald Grant, of Newtown, 
shewing to this Assembly that in the month of October last 
he received of Samuel Sherman, of said Newtown, a counter- 
feit bill of credit of twenty shillings new tenour of this Colony, 
and being certified that it was a counterfeit, he purchased a 
writ whereby the said Sherman was arrested and committed 
to Fairfield goal, and being let to bail by the sheriff upon 
bond of £300 lawful money, came back to Newtown and 
voluntarily confessed what he knew in the whole affair of 
counterfeiting and uttering false bills, and engaged in the 
prosecution thereof, by means whereof several persons have 
been convicted of counterfeiting bills of credit and uttering 
the same, and also of counterfeiting draughts on the Colony 
treasury ; and that after said prosecution, said Sherman 
neglected to appear at the superior court to which he was 
bound, and thereby forfeited his bond ; and praying that his, 
the said Grant's, costs, which together with the loss of said 
bill amounts to near the sum of £20, also the premium al- 
lowed by law for the prosecution, may be granted him out of 
the Colony treasury : Resolved by this Assembly, that the 
superior court, at their next sessions in Fairfield, chancer the 
bond of said Sherman down to such a sum as shall be suffi- 
cient to answer all charges arising on said Sherman's prosecu- 
tion and the premium allowed by law therefor, and tliat they 
make a reasonable allowance to said Grant out of the same. 

Upon the memorial of Cornelius Knowles, of Midletown, 
praying this Assembly to grant the fare of the ferry to him 
over Connecticut River, where it was granted to Mr. Jonathan 
Yeomans in Midletown at Midle-Haddam society: Resolved 
by this Assembly, that the place aforesaid be and is hereby 
granted to the said Knowles, his heirs, &c., during the pleas- 
ure of this Assembly, and that the fare thereof be fourteen 
pence for a man, horse and his load, and six pence for a single 
person, and for each single horse nine pence; all old tenour; 
any law, usage or custom to the contrary notwithstanding. 

Upon the memorial of Ebenezer Leach, agent for the soci- 



336 PUBLIC RECORDS [October, 

ety of Andover, praying for a committee to state the place for 
building a meeting-house in said society: Resolved by this 
Assembly, that Capt. John Bissell, Zebulon West, Esq"", and 
Deacon Jonathan Stro'ng, be a committee to repair to the said 
society of Andover, first notifying all parties, and view their 
circumstances, and to affix and ascertain a place for the build- 
ing a meeting-house for publick worship in said society, 
and make their report to tliis Assembly in May next. 

Upon the memorial of Temperance Stone' and Josiah Stone, 
of Litchfield, executors of the last will and testament of 
Josiah Stone late of said Litchfield, deceased, representing 
that the debts pf the said deceased Josiah exceed the personal 
estate of the said deceased the sum of .£575 3s. 2c?., praying 
this Assembly to enact that so much of the lands of the said 
deceased miglit be sold by some proper and meet persons as 
should be sufficient to answer the said sum, as by the memo- 
rial on file appears : This Assembly do grant and enact, that the 
said Temperance Stone and Josiah Stone, the memorialists, 
with tiie advice of the judge of probate in the district of 
Litchfield, have power, and they are hereby authorized to sell 
so much of the real estate of the said deceased as shall be 
sufficient to defray and answer the sum of £515 3s. 2d. of 
the debts due from the estate of the said deceased Josiah 
Stone. 

Upon the memorial of Philip Pond and Abigail Pond, ad- 
ministrators on the estate of Josiah Pond late of Branford, 
deceased, shewing that the debts and charges arising upon the 
estate of said deceased surmounts the moveable part of said 
estate the sum of .£134 18s. 2d., and praying that they may 
have liberty to sell so much of the real estate of said deceased 
as to pay the said sum, <fec.: Resolved by this Assembly, that 
the aforesaid administrators be, and they are hereby, fully 
impowered and authorized to sell so much of the real estate 
of said deceased as will pay the aforesaid sum of £134 18s. 2d. 
and charges arising thereon, taking the direction and advice 
of the court of probate for the district of Guilford therein. 

Resolved by this Assembly., That William Pitkin, Ebenezer 
Silliman, Jonathan Trumble, Gurdon Saltonstall, Esq^s, be a 
committee, and they are hereby appointed a committee, to 
procure, prepare and draw up an account of the expence of 
the cloathing, arms, accoutrements, bounty, and all other ex- 
pences whicli this Colony have been at in pursuance of his 
Majesties orders, signified to us by his Grace the Duke of 
Newcastle, on account of the expedition against Canada, from 
the time of the levying of the troops until the date of such 



1747.] OF CONNECTICUT. 337 

accounts, and therein make proper distinctions between the 
several articles of expence ; and when done, to lay the same 
before the Governor, in order for their being properly vouched 
for allowance. 

[434] This Assembly appoints Colo. Elisha Williams to 
wait on their Excellencies Governor Shirley and Governor 
Knowles, with the accounts of the expence of this Colony 
incurred on account of the Canada expedition, as soon as 
his Honour the Governor shall have got them prepared 
and well avouched to be laid before their Excellencies. And 
the said Colo. Williams is directed to attend, if it shall appear 
to him needful, until those accounts shall be adjusted and 
liquidated by their Excellencies, as far as that may be obtained, 
and to endeavour to forward and promote the allowance of 
the whole. 

Upon the memorial of sundry inhabitants of the second 
society in Norwich, representing the broken and unsettled cir- 
cumstances of said society and the unhappy divisions sul)sisting 
therein; also shewing that the said society, at their meeting 
on the 13th day of instant October, declared they, under their 
unhappy circumstances, did not choose to hold Mr. Henry 
Wills as their minister, and that at the same time also they 
declared that they as a society did differ or dissent from Say- 
brook Platform of Church Discipline, as the church in said 
society had done; and further representing their fears that, in 
consequence of said votes and declarations, the said society 
would soon attempt to shut the said Mr. Wills out of the pul- 
pit there, by which means they apprehend great disorders 
would necessarily follow ; and thereupon praying the interpo- 
sition of this Court : And whereas, although the state and cir- 
cumstances of said society and the reasons for giving a judg- 
ment respecting the same cannot fully be known and 
understood without the contending parties be heard on the 
matters of difference, yet, least greater confusion and disorder 
should happen before a full hearing and determination can be 
had: It is resolved by this Assembly, that the said society be, 
and they are hereby, forbid to offer any force or violence to 
the said Mr. Wills, in order to dispossess him of his pulpit, or 
in any way or manner to resist and disturb him, but are here- 
by ordered to permit him to abide in and perform his function 
there till the rising of this Assembly in May next, unless the 
said Mr. Wills be orderly dismissed from his service there 
before that time. And all persons are directed to conform to 
this order, on penalty of incurring the displeasure of this 
Assembly. 

43 



338 PUBLIC RECORDS [October, 

On the petition of John Banister, of New-Port, and Sam- 
uel Banister, of Stoningtown, and William Bowen and Frances 
his wife, (in her right,) of Boston, &c., vs. Moses Fish, of 
Voluntown, as on file: The question was put, whether the 
pleas offered in abatement of this petition by the respondent 
are sufficient to abate the same: Resolved by this Assembly 
in the affirmative. Cost allowed respondent £1C) Is. l}d. old 
tenour. Ex. granted Nov. 13^/i, 1747. 

Upon the petition of John Palmer and Samuel Palmer, 
both of Windsor, to this Assembly in their sessions at Hart- 
ford in May, 1745, preferred, representing that one Daniel 
Filley, of said Windsor, before the county court held at Hart- 
ford in November, 1745, obtained a judgment against them, 
together with one Jacob Phelps of said Windsor, for the sum 
of c£500 money and <£21 17.s. 2d. for cost, on an action 
brought on a note for that sum ; that said note was an escroll, 
given only to hold the said Palmers and Phelps severally to 
fulfil and perform what they should be awarded severally to 
do by certain arbitrators, to whom sundry controversies had 
been by them and the said Filley submitted ; that they, the 
petitioners and said Phelps, had performed everything by said 
arbitrators awarded to be by them severally done, save only 
their not discharging one certain bond on which an action 
had been commenced and depending in the county of Hamp- 
shire, or the not ceasing to prosecute said, action ; that said 
failure was only by and on the part of the said Jacob Phelps 
alone, they, the said petitioners, having failed in no point; that 
they, the said petitioners, have accordingly done or occasioned 
no damage to the said Filley, and thereupon praying appoint- 
ment of a committee to enquire of the said Filley's damage ; 
a committee, as prayed for, was at said Assembly in May, 
1746, appointed who, not able to undertake such enquiry, 
&c., and other committee being appointed, to this Assem- 
bly in their sessions in May last gave in their report in the 
premises, viz : That the said suit prosecuted in Hamp- 
shire county was prosecuted to final judgment by said Jacob 
Phelps only, as lie was administrator on the estate of one 
[435] Raymond, the plaintiff in said action, and that said 
Palmers, the petitioners, were not concerned in said suit or 
the judgment thereon rendered ; that if anything be due in 
equity to said Filley on account of damage sustained by said 
recovery or through the not discharging the same, the same 
is due only from said Jacob Phelps ; that the said judgment 
by said Filley obtained against the -said Phelps and the peti- 
tioners hath been in part carried into execution, and that said 



1747.] OP CONNECTICUT. 339 

John Palmer, by an execution thereon issued, hath been 
compelled to pay, and hath paid, to said Filley the sum of 
<£49 19.S. Od. money, which they jud^^e not to have been due 
and in equity payable from said Palmer, as per said petition and 
report on file appears : which report being at said Assembly 
in May last referred to the consideration of this Assembly, 
and now, on hearing the parties on said report, and considera- 
tion thereof had : Resolved, that the said report be accepted, 
and this Assembly doth accept of and approve the same ; and 
that nothing appears to have been justly due and payable 
from the petitioners to said Filley on said judgment obtained 
at Hartford ; and doth thereupon further resolve, that the 
said John Palmer may, at any time within twelve months from 
the rising of this Assembly, bring his action against the said 
Jacob Phelps at any stated or adjourned county court to be 
holden at said Hartford, for the sum of .£49 19&-. Od., and on 
proof of his having paid said sum as aforesaid, and giving this 
resolve in evidence, shall recover and have judgment to have 
and recover such sum of said Phelps, unless on such tryal it be 
made to appear that said John Palmer hath, or in any point, 
failed to perform that which by the said award it was his 
duty severally and by himself to do ; and that no appeal in 
said action be allowed ; and that execution on said judgment, 
at said Hartford for X500 rendered as aforesaid, be no further 
levyed on the petitioners, or either of them or their estates ; 
and that the petitioners now have and recover of the said 
Filley their cost, which is £40 14s. 9d. Ex. granted, Novem- 
ber 14:th, 114:1 , for the ahovesaid cost. 

Whereas the inhabitants of the towns or plantations of 
Woodstock, Suffield, Endfield and Summers, by their memo- 
rial to this Assembly liave represented and shewed that the 
said towns are situate within the bounds of the royal charter 
granted to this Colony, and that by the settlement of the divid- 
ing line between this Colony and the Province of the Massa- 
chusets Bay, made by commissioners from each government 
in the year of our Lord one thousand seven hundred and 
thirteen, it was agreed the said towns should be and remain 
under the jurisdiction of the government of the said Province, 
although it hath appeared by the running of the said dividing- 
line that the said towns are within the limits of this Colony ; 
which determination the memorialists alledge was made with- 
out their consent, and that by means thereof they liave been 
and still are deprived of their rights and privileges to which 
they are justly intituled by the said charter ; and thereupon 
complain they are aggrieved ; that having suggested these 



340 PUBLIC RECORDS [October, 

matters to the respective Assemblies of the Massachusets Bay 
and this Colony for relief, have as yet been unsuccessful in 
their endeavours for a redress, have now repeated their peti- 
tion to this Assembly for relief in the premises ; praying that 
(as they humbly conceive they have a just right to the privi- 
leges and liberties of this government, the said agreement 
notwithstanding,) so this Assembly would acknowledge them 
to be in this Colony, and allow them the liberties and privi- 
leges thereof; and this Assembly being desirous to prevent 
all controversies between the said Province and this Colony 
respecting the said towns, and that justice and right may be 
done to the inhabitants thereof in the matters aforesaid : 
Thereupon it is resolved by this Assembly, that Jonathan 
Trumble, John Bulkley, Esq^^, and Capt. Roger Wolcott, or 
any two of them, be appointed, and they are hereby appointed 
to be, Commissioners in behalf of this Colony to meet with 
such commissioners as shall be appointed on the part of the 
said Province, to hear the inhabitants of the said towns or 
plantations on the matters of their complaint, and report to 
the respective governments what they shall apprehend right 
to be done, that so this affair may be amicably settled, and 
justice may therein be done to his Majesties subjects. And the 
General Court of the said Province are desired to joyn herein. 
And his Honour the Governor is desired to transmit to his 
Excellency Governor Shirley a copy of this resolve, and re- 
quest him to lay the same before the Assembly of the said 
Province for their consideration ; and also to commission the 
persons hereby appointed, when it shall be needful for the 
purpose aforesaid. 

Resolved hy this Assembly, That the Colony sloop Defence 
shall forthwith be, by the present commander thereof, deliv- 
ered into the hands of Colo. Gurdon Saltonstall, who is hereby 
directed to strip her of her sails and rigging liable to suffer, 
[436] and house them, and lay her up in || some convenient 
place within the harbour of New London until the next spring, 
and then, in case the war should continue, to be, by the direc- 
tion of his Honour the Governor, in the most frugal manner 
refitted for and improved in the defence and protection of our 
coast as heretofore. And, in case a peace should in the interim 
ensue, that then Colo. Gurdon Saltonstall, Messrs. Jeremiah 
Miller and John Ledyard, be a committee to equip said sloop 
and provide and put in her some suitable cargo, at the cost 
and on the account and risque of this Colony, and send her 
to such place in the West Indies where there shall be a pros- 
pect of the best market, to be witli her cargo sold and disposed 
of for the benefit of this Colony. 



1747.] OF CONNECTICUT. 341 

Upon the memorial of John Richards, of New London, 
complaining of great loss sustained in consequence of a 
purchase made by the said John Richards and one Richard 
Douglass late of New London, deceased, of some lands 
formerly Wait Winthrop's, and giving bond to the town of 
New London on account of such purchase ; and praying for 
help and relief under his difficulties occasioned thereby : 
Resolved by tliis Assembly, that the memorialist have granted, 
and this Assembly do hereby grant to him, three hundred 
pounds old tenour bills of credit, to be paid out of the publick 
treasury ; and the Treasurer is hereby ordered to pay the 
same accordingly. 

Upon the memorial of Samuel Scott, of Waterbury, shew- 
ing this Assembly that he had done service as an officer and 
expended money in service of this Colony, in bringing to justice 
counterfeiters and forgers, &c. : Granted by this Assembly to 
the said Samuel Scott out of the publick treasury of this Col- 
ony the sum of thirty-one pounds thirteen shillings old tenour, 
for the service aforesaid. 

Resolved hy this Assembly, That Nathaniel Stanly, Esqf, of 
Hartford in the county of Hartford, be, and he is hereby, 
fully authorized and impowered to require, receive and secure 
all that can be had of the arras and accoutrements of the 
officers and souldiers raised for the late intended expedition 
against Canada, belonging to the companies under the com- 
mand of Colo. Elisha Williams, Lt. Colo. Samuel Talcott and 
Capt. James Cimrch, who are hereby directed to deliver such 
arms and accoutrements of their respective companies to the 
said Nathaniel Stanly, Esq^, taking two receipts for them of 
like tenour and date, one of which they are respectively desired 
to deliver into the office of the Secretary of tliis Colony. And 
the said officers are desired to deliver the said arms and ac- 
coutrements at such place as may be with most conveniency 
to them and least expence to the Colony to carry them to 
the place where the same shall be lodged, and to deliver to 
the said Nathaniel Stanly, Esq"", an account of such arms and 
accoutrements as are withheld or imbezzeled, with the name of 
the person withliolding, and the price of the arms, &c. And 
it is further resolved, that the said Nathaniel Stanly, Esq^", do 
take care of and keep clean and in good order all the arms 
and accoutrements received as aforesaid, and attend such 
orders and directions as shall be given him by this Assembly. 

Resolved hy this Assembly, That Nathaniel Stanly, Esq% of 
Hartford in the county of Hartford, be, and he is hereby, im- 
powered to require, receive and secure for the use of the 



342 PUBLIC RECORDS [October, 

Colony, the ammunition which was prepared for the companies 
under the command of Colo. Elisha Williams, Lt. Colo. Samuel 
Talcott and Capt. James Church, who are hereby directed to 
deliver the same to him, taking his receipt therefor. 

Resolved by this Assembly^ That Mr. Aaron Day, of New 
Haven in the county of New Haven, be, and he is hereby, 
fully authorized and impowered to require, receive and 
secure, all that can be had of the arms and accoutrements 
of the officers and souldiers raised for the late intended 
expedition against Canada belonging to the company un- 
der the command of Capt. Elihu Hall, who is hereby 
directed to deliver such arms and accoutrements of his 
company to the said Mr. Aaron Day, taking two receipts 
for them of like tenour and date, one of which said Capt. 
Hall is desired to deliver into the office of the Secretary of 
this Colony. And the said Capt. Hall is desired to deliver 
the said arms and accoutrements at such place as may be 
with most conveniency to him and least expence to this 
Colony to carry them to the place where the same shall be 
lodged, and to deliver to the said Mr. Day an account of such 
[437] arms and accoutrements || as are withheld or imbezzeled, 
with the name of the person withholding and the price of the 
arms, &c. And it is further resolved, that the said Mr. Day 
do take care of and keep clean and in good order, all the 
arms and accoutrements received as aforesaid, and attend such 
orders and directions as shall be given him by this Assembly. 

Resolved hy this Assembly, That Mr. Aaron Day, of New 
Haven, be, and he is hereby, impowered to require, receive and 
secure for tiie use of the Colony, the ammunition tliat was 
prepared for the company under the command of Capt. Elihu 
Hall, who is hereby directed to deliver the same to him, 
taking his receipt therefor. 

Resolved by this Assembly, That Mr. Jabez Huntington, of 
Norwich in the county of New London, be, and he is hereby, 
fully authorized and impowered to require, receive and secure 
all that can be had of the arms and accoutrements of the 
officers and souldiers raised for the late intended expedition 
against Canada, belonging to the companies under the com- 
mand of Major Israel Huit and Capt. Robert Denison, who 
are hereby directed to deliver such arms and accoutrements 
of their respective companies to the said Mr. Jabez Hunting- 
ton, taking two receipts for them of like tenour and date, one 
of which they are respectively desired to deliver into the 
office of the Secretary of this Colony. And the said officers 
are desired to deliver the said arms and accoutrements at 



1747.] OF CONNECTICUT. 343 

such place as maybe witli most conveniency totliem and least 
expence to the Colony to carry them to the place where the 
same shall be lodged, and to deliver to the said Mr. Jabez 
Huntington an account of such arms and accoutrements as 
are withheld or imljezzeled, with the name of the person with- 
holding and the price of the arras &g. And it is further 
resolved, that the said Mr. Jabez Huntington do take care of 
and keep clean and in good order all the arms and accoutre- 
ments received as aforesaid, and attend such orders and 
directions as shall be given him by this Assembly. 

Resolved hy this Assembly^ That Mr. Jabez Huntington, of 
Norwich in the county of New London, be, and he is hereby, 
impowered to require, receive and secure for the use of the 
Colony, the ammunition which was prepared for the com))a- 
nies under the command of Major Israel Huit and Capt. Rob- 
ert Denison, who are hereby directed to deliver the same to 
him, taking his receipt therefor. 

Resolvi'd hji this Assembly^ That Andrew Burr, Esq^, of 
Fairfield, l>e, and he is hereby, autliorized and impowered to 
require, receive and secure all that can be had of the arms 
and accoutrements of the officers and souldiers raised for the 
late intended expedition against Canada, belonging to the 
companies under the command of Capt. Josiah Starr and 
Capt. Joseph Worster, who are hereby dire^sted to deliver 
such arms and accoutrements of their respective companies 
to the said Andrew Burr, Esq"", taking two receipts for them 
of like tenour and date, one of which they are respectively 
desired to deliver into the office of the Secretary of this 
Colony. And the said officers are desired to deliver tlie said 
arms and accoutrements at such place as may be with most 
conveniency to them and least expence to this Colony to 
carry them to the place where the same shall be lodged, and 
to deliver to the said Andrew Burr, Esq"", an account of such 
arms and accoutrements as are withheld or imbezzeled, with 
the name of the person withholding and the price of the arms, 
&c. And it is further resolved, that the said Andrew Burr, 
Esqr^do take care of and keep clean and in good order all the 
arms and accoutrements received as aforesaid, and attend 
such orders and directions as shall be given him by this 
Assembly. 

Resolved by this Assembly, That Andrew Burr, Esq"", of 
Fairfield, be, and he is hereby impowered to require, receive 
and secure for the use of the Colony, the ammunition which 
was prepared for the companies under the command of Capt. 



344 PUBLIC RECORDS [October, 

Josiah Starr and Capt. Joseph Worster. who are hereby di- 
rected to deliver the same to him, taking his receipt. 

Resolved hy this Assembly^ That Jonathan Trumble, Esq"", 
of Lebanon in the county of Windham, lie, and he is hereby, 
fully authorized and impowered to require, receive and secure 
all that can be had of the arms and accoutrements of the offi- 
cers and souldiers raised for the late intended expedition 
against Canada, belonging to the companies under the com- 
mand of Capt. William Whiting and Capt. Benjamin Lee, 
who are liereby directed to deliver such arms and accoutre- 
ments of their respective companies to the said Jonathan 
1 488] Trumble, Esq*", taking two receipts for them || of like 
tenour and date, one of which they are respectively desired 
to deliver into the office of the Secretary of this Colony. 
And the said officers are desired to deliver the said arms and 
accoutrements at such place as may be with most conveniency 
to them and least expence to this Colony to carry them to the 
place where the same shall be lodged, and to deliver to the 
said Jonathan Trumble, Esq"", an account of such arms and 
accoutrements as are withheld or imbezzelled, with the name 
of the person withholding and the price of the arms, <fec. And 
it is further resolved, that the said Jonathan Trumble, Esq"", 
do take care of and keep clean and in good order all the arms 
and accoutren^nts received as aforesaid, and attend such or- 
ders and directions as shall be given him by this Assembly. 

Resolved hy this Assembly^ That Jonathan Trumble, Esq', 
of Lebanon, be, and he is hereby, impowered to require and 
receive, and secure for the use of the Colony, the ammunition 
which was prepared for the companies under the command of 
Capt. William Whiting and Capt. Benjamin Lee, who are 
hereby directed to deliver the same to him, taking his receipt 
therefor. 

[Here follows the resolution \\\>on the petition of Jonathan Westover, in the 
same words as it had been before recorded on page [432] and is printed on page 
334.] 

Upon the memorial of Samuel Bowles, late of Durham, 
shewing to this Assembly that, on the request and at the de- 
sire of James Fitch, and with advice of the chief officers of 
this government and Massachusets at Cape Breton, he, said 
Fitch, came home from Cape Breton with Boston forces, and 
he, said Bowles, tarried with the forces of this Colony and 
did not arrive with them until about two month after said 
Fitch ; praying for pay for the time he was in the service of 
this Colony after said Fitch's return : Resolved by this Assem- 
bly, that the said Bowles be paid out of the publick treasury 



1747.] OP CONNECTICUT. 345 

the sum of twenty pounds old tenour, and the Treasurer of 
the Colony is hereby ordered to pay said sum to said Bowles 
or his order. 

Upon the prayer of the Rev^ Mr. John Norton, late of 
Farmingtown and more late a chaplain at Fort Massachusets, 
shewing he was taken and carried into captivity and has suf- 
fered great loss and damage, and at present is much deprived 
of the means of living, and praying for the compassionate 
consideration of this Assembly towards him in his low estate: 
This Assembly grants to the said Mr. John Norton the sum 
of one hundred pounds bills of credit of the old tenour, and 
the Treasurer is hereby ordered to pay him the same out of the 
Colony treasury accordingly.* 

His Honour the Governor having laid before this Assem- 
bly an agreement come into by the Commissioners from the 
governments of the Massachusets Bay, New York and Connec- 
ticut, bearing date at the city of New York on the twenty-eighth 
day of September last, signed by the said Commissioners ; and 
having recommended the said agreement to the consideration 
of this Assembly for their acceptance and ratification; which 
agreement contains divers articles concerted for the carrying 
[489] on the war || against the common enemy, and for the 
defence of the British Colonies on the continent in North 
America ; which agreement having been duly weighed and 
considered : It is now resolved by this Assembly, that the said 
agreement be, and the same is hereby, accepted, approved of 
and ratified on the part and behalf of this government, so far 
as this Colony is concerned therein. Provided nevertheless, 
that this acceptance, approbation and ratification, shall be of 
force for the establishment of those articles only in said agree- 
ment which shall be accepted, approved and ratified, also by 
the legislatures of both of the aforesaid governments of the 
Massachusets Bay and New York; anything in the above 
resolve notwithstanding.! 

This Assembly appoint the Honourable Roger Wolcott, 
Esqf, and Benjamin Hall, Esq% a committee to meet with 
such committee or committees as shall be appointed by the 

* Mr. Norton published, in 1748, a pamphlet under the title of The Redeemed 
Captive, being a narrative of the takimj and carryinq into captivitij the Reverend Mr. 
John Norton, when Fort Massachuaetts surrendered to a large body of French and In- 
dians, August 20th, 1746. Copies are rare, but it has been re-priiite.d in the ap- 
pendix to S. G. Drake's Particular History of the Five Years French and Indian 
War. Boston, 1870. 

t The agTeement is printed in the Journal of the Legislative Council of New 
York. Vol. 2, pp. 984-7. Albany, 1861. No copy remains in our archives. 

44 



346 PUBLIC RECORDS [October, 

other governments to meet at Midletown in this Colony on 
the lltli day of December next, or as soon after as may be, 
in order to determine and ascertain the several particulars 
necessary to be provided at the common charge of the govern- 
ments for the carrying on the proposed expedition against 
Crown Point Fort ; and also to agree what particular sorts or 
species of the said particulars each government shall under- 
take to provide, pursuant to the agreement of the Commis- 
sioners, made at New York, dated the 28th day of September 
last. And the committee liereV)y appointed are directed to 
endeavour to get the best information they can of what particu- 
lars may be necessary to be provided for the purpose aforesaid, 
and which of them this government can most easily supply. 
And when those matters shall by them be ascertained and de- 
termined, as aforesaid, the account thereof to be laid before 
his Honour the Governor. 

Resolved by this Assembly, That the Committee of War in 
the county of Hartford be impowered, and they are hereby 
impowered and directed, from time to time as occasion shall 
require, to send such a number of men into the county of 
Hampshire to scout or keep garrison there as tliey shall think 
necessary, and to draw them off again as they shall think 
best. 

Ordered, That the Treasurer of this Colony pay out of 
the publick treasury unto Tho^ Fitch, Esq"", the sum of 
j£102 Os. OcZ. old tenour, and to Colo. Benja. Hall the 
sum of .£83 9s. 9c?., for their service &c. in attending the 
late congress at New York as Commissioners from this 
Colony. 

This Assembly grants a tax on all the polls and rateable 
estate in this Colony on the list of the current year, of two 
pence on the pound in bills of credit of this Colony new ten- 
our, at the proportion of three shillings and six pence old ten- 
our for one shilling new tenour, or in good silver at eight 
shillings per ounce troy weight sterling alloy, or gold equiva- 
lent. 

An Act for repealing Part of the Law entituled An Act for the better 

supporting the Cvirrency of the Bills of Publick Credit on 

this Colony, made and passed in May last. 

Be it enacted hy the Grovernor, Council and Represejitatives, 
in General Court assembled, and by the authority of the same, 
That the last paragraph of the said act be repealed, and the 
same is hereby repealed and made void accordingly. 

This Assembly grants to the Honourable Jonathan Law, 
Esq"^, Governor, the sum of one hundred and thirty pounds 
new tenour bills of credit, for his last half year's salary. 



1747.] OF CONNECTICUT. ' 347 

This Assembly grants to the Honbie Roger Wolcott, Esq"", 
Deputy Governor, for his last half year's salary, the sum of 
sixty-five pounds new tenour. 

Upon the petition of Jane Shepard, of Hartford, vs. Zebulon 
Shepard, of said Hartford, shewing that in a suit depending 
in the superior court at Hartford on the first Tuesday of 
September last, between the petitioner, plaintiff, and the said 
Zebulon, defendant, the petitioner by mere mistake was non- 
suited, and thereupon that judgment was rendered against 
said Jane in favour of said Zebulon on the said nonsuit for 
cost ; and thereupon praying the said judgment may be re- 
versed, and that she may have liberty to enter the said action 
anew and proceed to tryal therein, as per her petition on file : 
Resolved by this Assembly, that the said judgment of the 
superior court given for cost against the petitioner on the 
aforesaid nonsuit be reversed and set aside, and the same is 
hereby reversed and set aside with the proceedings thereon ; 
and liberty is hereby granted to the petitioner to enter and 
revive the said action in the superior court to be held in Hart- 
ford on the first Tuesday of March next, and therein to pro- 
ceed as though the said nonsuit had not happened ; and the 
whole cost shall go according to the final judgment that shall 
be rendered in said case. 

Whereas this Assembly hath been drawn out to such a 
length that all the members thereof cannot stay to hear the 
acts and orders tliereof read off: This Assembly do appoint 
Nath' Stanly, Will'" Pitkin and John Chester, Esq^s Colo. 
Joseph Pitkin, Mr. Jos. Buckingham, Colo. Blisha Williams 
and Colo. Elizur Goodrich, to be a committee to attend upon 
the Deputy Governor at the State House, to hear the acts 
and orders of this Assembly read off and signed by the 
Secretary as perfect and compleat. 

The whole record of the Acts and Orders of this Assembly, 
as it stands entered on the pages of this book next preced- 
ing, was read off in the presence of the major part of the 
committee abovenamed, and signed as compleat. 

George Wyllys, Secret'y. 



348 ' PUBLIC RECORDS [May, 



[440] At a General Assembly holden at Hartford in 

THE COUNTY OP HaRTFORD IN HIS MAJESTIES ENGLISH 

Colony of Connecticut in New England in America, 
ON the second Thursday of May, (being the 12th 

DAY of said month,) AND CONTINUED BY SEVERAL AD- 
JOURNMENTS until the 3d day op June following, anno 
REGNi Regis Georgii secundi Magn.e Britannia, &c., 

VIGESSIMO-PRIMO, ANNOQUE DOMINI 1748. 

Present : 
The Honourable Jonathan Law, Esq"", Governor. 
Tlie Honbie Roger Wolcoti, Esq"", Deputy Governor. 

James Wadsworth,^ Ebenzer SiUman, ^ 

Nathaniel Stanly, | Jonathan Trumble, | 

Samuel Lynde, ly, ^^ tJohn Bulkley, ! Esq''%^s- 

William Pitkin, \ Andrew Burr, ^ sistants. 

Thomas Fitch, John Chester, 

Roger Newton, J ^ 

Representatives or Deputies that attended at this Assembly are as 
follow, (viz :) 

Mr. Joseph Buckingham, Colo. Joseph Pitkin, for Hartford. 

Colo. Gurdon Saltonstall, Mr. Jeremiah Miller, for New Lon- 
don. 

Capt. Eliezer Carey, Mr. Jonath. Huntington, for Windham. 

Colo. Elizur Goodrich, Capt. Jonath. Belden, for Weathersfield. 

Colo. Jonathan Hoit, Mr. Abhaham Davenport, for Stanford. 

Capt. John Fowler, Capt. Nathan Baldwin, for Milford. 

Mr. Justus Bush, Capt. Israel Knapp, for Greenwich. 

Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford. 

Mr. Joseph Wittar, Mr. Nath'. Brown, for Preston. 

Colo. Thomas Welles, Capt. Jonathan Hale, for Glassenbury. 

Mr. Phinehas Strong, Mr. Joseph Strong, for Coventry. 

Capt. Robert Dixson, Mr. Tho's Kesson, for Voluntown. 

Capt. Jonathan Lane, Capt. Isaac Kelsey, for Killingworth. 

Mr. Solomon Tracy, Mr. Stephen Frost, for Canterbury. 

Mr. John Crerey, Capt. Thomas Stephens, for Plainfield. 

Capt. Isaac Dickerman, Capt. Samuel Sherman, for New 
Haven. 

Mr. Tliaddeus Burr, Capt. John Burr, for Fairfield. 

Colo. Hezh. Huntington, Mr. Ebenezer Backus, for Norwich. 

Mr. Ebenezer West, Major Joseph Fowler, for Lebanon. 

Capt. Asahel Strong, Capt. Win. Burnham, for Farmingtown. 

Colo. Shubael Conant, Mr. William Johnson, for Mansfield. 

Capt. Robert Walker, Mr. Elnathan Wheeler, for Stratford. 

Capt. Charles Bulkley, Mr. John Day, for Colchester. 



1748.] OF CONNECTICUT. 349 

Mr. Ambrose Whittelsey, Capt. Jedadiah Chapman, for Say- 
brook. 
Mr. Jolin Griswould, Mr. Richard Lord, for Lyme. 
Major Ebenezer Marsh, Capt. John Bird, for Litchfield. 
Mr. Samuel Fitch, Mr. Elnathan Hanford, for Norwalk. 
Mr. John Williams, Mr. Ebenezer Holbrook, for Pomfrett. 
Mr. James Bicknal, Mr. Wm. Wadkins, for Ashford. 
Colo. Hez''. Sabin, Mr. Boaz Stearns, for Killingly. 
[441] Major Jabez Hamlin, Mr. Seth Wetmore, for Midle- 

town. 
Mr. John Ledyard, Capt. Robert Allen, for Groton. 
Colo. John Williams, Capt. Rufus Minor, for Stoningtown. 
Mr. Caleb Martin, Mr. Benja. Hecock, for Woodberry. 
Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield. 
Capt. Thos. Tousey, Mr. Henry Glover, for Newtown. 
Capt. Nath'. Sutlief, for Fladdam. 

Mr. Joseph Phelps, Mr. Benjamin Skinner, for* Hebron. 
Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 
Capt. Nath'. Holcomb, Capt. James Case, for Symsbury. 
Mr. Samuel Canfield, Mr. Paul Welch, for New Milford. 
Capt. Timothy Hopkins, Mr. James Baldwin, for Waterbury. 
Capt. Moses Hawkins, Mr. i\.bel Gun, for Derby. 
Capt. Nath'. Harrison, Mr. Jonath. Russell, for Brandford. 
Capt. James Bebee, Mr. Thomas Benedict, for Dan bury. 
Mr. James Cone, for East Haddam. 
Mr. Nathan Camp, Mr. James Wadsworth, for Durham. 
Capt. Pelatiah Allyn, Mr. Mathew Rockwell, for Windsor. 
Colo. Thomas Welles, Speaker, i of the House of Repre- 
Capt. John Fowler, Clerk, \ sentatives. 

This day being appointed by the royal charter and the laws 
of this Colony for the election of the publick officers of the 
Colony, (^vis:} Governor. Deputy Governor, Assistants, Treas- 
urer, and Secretary, proclamation was made, and the freeman 
proceeded to give in their votes to persons appointed by the 
Governor, Council and Representatives, to receive, sort and 
count them ; which persons were, Nathaniel Stanly, Samuel 
Lynde, William Pitkin Thomas Fitch, Ebenezer Silliman, 
John Bulkley, Andrew Burr, John Ciiester, Esq'"«, Mr. Joseph 
Buckingham, Major Jabez Hamlin, Capt. Nathan Baldwin, 
Mr. James Wadsworth, Mr. Richard Lord, Mr. John Ledyard, 
Colo. Jonathan Hoit, Mr. Elnathan Wheeler, Capt. Eliezer 
Carey, and Major Joseph Fowler, who were all sworn to a 
faithtul discharge of that trust. And the freemen's votes be- 
ing brought in, sorted and counted. 

The Honourable Jonathan Law, Esq"", was chosen Governor 



350 PUBLIC RECORDS [May, 

of this Colony for the year ensuing, and the Governor's oath 
prescribed by the law of this Colony, and the oath required 
by act of Parliament, relating to trade and navigation, were 
administered to him by his Honour the Deputy Governor in 
presence of the Assembly. 

James Wadswprth, Esq"", Ebenezer Sillimaii, Esq"", 

Nathaniel Stanly, Esq"", Jonathan Trumble, Esq"", 

Samuel Lynde,Esq'", Hezekiah Huntington, Esq"", 

William Pitkin, Esq"", John Bulkley, Esq'', 

Thomas Fitch, Esq^, Andrew Burr, Esq^ 

Roger Newton, Esq"", John Chester, Esqf, 

were chosen Assistants for the year ensuing, and the Assis- 
tant's oath provided by law was administred to them by his 
Honour the Governor. 

John Whiting, Esq"", was chosen Treasurer of this Colony 
for the year ensuing, and had the Treasurer's oath provided 
by law administred to him by his Honour the Governor. 

George Wyllys was chosen Secretary of this Colony for the 
year ensuing, and had tlie Secretary's oath provided by law 
administred to him by his Honour the Governor, in the 
presence of the Assembly. 

[442] The several members of this Assembly who had not 
taken the oaths provided by act of Parliament instead of the 
oaths of allegiance and supremacy, now took the said oaths, 
and likewise the oath of abjuration, and made the declaration 
against popery. 

Ordered^ That Hezekiah Huntington, Esq^ and Colo. John 
Williams return the thanks of this Assembly to the Rev^. Mr. 
Nathaniel Eells, for his sermon delivered on the 12th day of 
May instant before the Assembly, and desire a copy thereof 
that it may be printed. 

This Assembly do appoint the Honourable Roger Wolcott, 
Esq"", to be Chief Judge of the Superior Courts in this Colony 
for the year ensuing. 

This Assembly do appoint James Wadsworth, Esq'", William 
Pitkin, Esq"", Ebenezer Silliman, Esq'', and John Bulkley, Esq'', 
to be Judges of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint William Pitkin, Esq"", to be Judge 
of the County Courts in the county of Hartford the year 
ensuing. 

This A.ssembly do appoint Roger Newton, Esq"", to be Judge 
of the County Courts in the county of New Haven the year 
ensuing:. 



1748.] OF CONNECTICUT. 351 

This Assembly do appoint Samuel Lynde, Esq'', to be Judge 
of the County Courts in the county of New London the year 
ensuing. 

This Assembly do appoint Andrew Burr, Esq"", to be Judge 
of the County Courts in the county of Fairfield the year 
ensuing. 

This Assembly do appoint Jonathan Trumble, Esq'", to be 
Judge of the County Courts in the county of Windham the 
year ensuing. 

This Assembly do appoint Joseph Buckingham, Esq"", to be 
Judge of the Court of Probate in and for the district of Hart- 
ford the year ensuing. 

This Assembly do appoint John Bulkley, Esq"", to be Judge 
of the Court of Probate in and for the district of East Haddam 
the year ensuing. ' 

This Assembly do appoint Ebenezer Marsh, Esq'", to be Judge 
of the Court of Probate in the district of Litchfield the year 
ensuing. 

This Assembly do appoint John Hubbard, Esq'", to be Judge 
of the Court of Probate in the district of New Haven the year 
ensuing. 

This Assembly do appoint Samuel Hill, Esq^, to be Judge 
of the Court of Probate in the district of Guilford the year 
ensuing. 

This Assembly do appoint John Richards, Esq"", to be Judge 
of the Court of Probate in the district of New London the 
year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq'", to be 
Judge of the Court of Probate in the district of Fairfield tiie 
year ensuing. 

This Assembly- do appoint Joseph Minor, Esq"", to be Judge 
of the Court of Probate in the district of Woodberry the 
year ensuing. 

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge 
of the Court of Probate in the district of Standford the year 
ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of the Court of Probate in the district of Danbury the 
year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq"", to be 
Judge of the Court of Probate in the district of Windham 
the year ensuing. 

This Assembly do appoint John Crerey, Esq"", to be Judge 



352 PUBLIC RECORDS [May, 

of the Court of Probate in the district of Plaiiifield the year 
ensuing. 

This Assembly do appoint Thomas Welles, Henry Allyn, 
Jabez Hamlin and Joseph Buckingham, Esqi'S to be Justices 
of the Peace and Quorum in and for the county of Hartford 
the year ensuing. 

[448] This Assembly do appoint Joseph Pitkin, George 
Wyllys, Joseph Talcott, David Goodrich, Edward Bulkley, 
Elizur Goodrich, Roger Wolcott jun'^, William Wolcott jun"", 
Daniel Bissell, William Wadsworth, Thomas Hart, Asahel 
Strong, Tho^ Hart 2d, Giles Hall, Joseph White, Seth Wet- 
more, Tliomas Johnson, Hezekiah Brainerd, Stephen Horsmer 
jun'", John Humphrey, Joseph Wilcoxson 2d, Jonathan Hale, 
Nathaniel Foot, Epaphras Lord, Charles Bulkley, Benja. Skin- 
ner, Joseph Phelps, Ebenezer Marsh, Joseph Bird, Thomas 
Pitkin, Zebulon West, Sam'. Dimmock, Isaac Kellogg, Cyprian 
Webster, Timothy Hatch, George HoUoway, Ebenezer Lyman, 
John Beach, David Whitney, Thomas Addams, Daniel 
Edwards, David Hubbard, and Joseph Hooker, Esqi's, to be 
Justices of the Peace in and for tlie county of Hartford the 
year ensuing. 

This Assembly do appoint Samuel Hill, Benjamin Hall, 
John Fowler and John Hubbard, Esq""*, to be Justices of the 
Peace and Quorum in and for the county of New Haven the 
year ensuing. 

This Assembly do appoint Robert Treat, Nathan Baldwin, 
Isaac Dickerman, John Hitchcock, Deodate Davenport, Sam- 
uel Sherman, John Russell, Jonathan Russell, Nathaniel 
Harrison, Andrew Ward, Thomas Hotchkins, Samuel Hopson, 
Timothy Stone, Elihu Chauncey, Theophilus Yale, Samuel 
Hall, Elihu Hall, Ezekicl Royce, John Southmaid, Thomas 
Clark, Thomas Mathews, John Riggs, Samuel Bassett, Samuel 
Riggs, Timothy Russell, Samuel Canfield, Nathaniel Bost- 
wick, Samuel Hutchinson, John Williams, Thomas Chipman, 
Sam'. Sacket, John Prout, and Paul Welch, Esq''% to be 
Justices of the Peace in and for the county of New Haven 
the year ensuing. 

This Assembly do appoint John Griswould, Christopher 
Avery jun' , Richard Lord, Isaac Huntington and Jeremiah 
Miller, Esq''% to be Justices of the Peace and Quorum in and 
for the county of New London the year ensuing. 

This Assembly do appoint Simeon Minor, Joseph Denison, 
Nathan Cheesbrough, John Whiting, Humphrey Avery, Jeda- 
diah Tracy, Samuel Morgan, Nathaniel Brown, John Ledyard, 



1748.] OP CONNECTICUT. 353 

Luke Perkins, Joshua Hempstead, John Richards, Gurdon 
Saltonstall, Daniel Coit, Joshua Raymond, Steplien Lee, Jabez 
Hide, Samuel Lothrop, Ebenezer Backus, Daniel Huntington, 
Daniel Ely, Elisha Shelden, Benja. Lee, Jedadiah Chapman, 
^Nathaniel Clark, John TuUey, Ambrose Whittelsey, Abraham 
Pierson, Isaac Kelsey, Benjamin Gale, Elnathan Stephens, 
Samuel Coit, Samuel Prentiss, Nathan Smith, Wm. Williams, 
Abraham Waterhouse jun^ Esq""*, to be Justices of the Peace 
in and for the county of New London the year ensuing. 

This Assembly do appoint Edmund Lewiss, John Thompson, 
Jonathan Hoit, William Preston, Esq""^, to be Justices of the 
Peace and Quorum in and for the county of Fairfield-the year 
ensuing. 

This Assembly do appoint Joseph Minor, Noali Hinman, 
Joseph Blackleach, Samuel Addams, Robert Walker, Theophi- 
lus Nickols, William Burr, Thomas Tousey, Job Sherman, 
Thaddeus Burr, Jolin Read, Samuel Sherwood, Moses Dimon 
jun"", James Bebee, Thomas Benedict, Samuel Grigory, James 
Benedict, Richard Olmstead, Samuel Handford, James Lock- 
wood, Samuel Fitch, Samuel Betts, Jonathan Maltbie, Nathan- 
iel Peck, Ebenezer Mead, Israel Knapp, Bphraim Hubbell, 
Hezekiah Hooker, Samuel Olmstead, Esq's, to be Justices of 
the Peace in and for the county of Fairfield the year ensuing. 

This Assemljly do appoint Ebenezer West, Shubael Conant 
and John Dyer, Esq", to be Justices of the Peace and Quorum 
in and for the county of Windham the year ensuing. 

This Assembly do appoint Jonathan Huntington, John 
Crerey, Thomas Storrs, Joseph Leavinze, Joseph Fowler, 
Joseph Cadey, Nathaniel Huntington, Thomas Tiffany, James 
Bicknal, Nathaniel Wales, Ebenezer Wales, Eliphalet Dyer, 
Joseph Clark, Joseph Palmer, Phinehas Strong, Ebenezer 
Holbrook, John Smith jun"", Samuel Danielson, William Met- 
calf, William Marsh, Joseph Strong jun'', and Joseph Holland, 
Esq'"% to be Justices of the Peace in and for the county of 
Windham the year ensuing. 
An Act in further Addition to an Act entituled An Act for Highways. 

Be it enacted by the Grovernor, Council a7id Representatives^ in 
G-eneral Court assembled, and by the authority of the same, 
Tliat if any person obliged by law to work in highways, and 
be thereunto lawfully warned, shall refuse or neglect to attend 
such service according to the warning given, he shall forfeit 
for every days neglect the sum of five shillings new tenour, 
and ten shiUings of the same tenour for a man and team, 
which forfeitures shall be recovered and improved as in said 
act is provided. 
45 



354 PUBLIC RECORDS [May, 

And it is further enacted, That the several surveyors of high- 
[444] ways in this Colony shall be liable to render an account || 
of the improvement of all such forfeitures as shall by tliem ]je 
recovered to the assistant or justice who granted out a distress 
for the same, witliin twenty days after the recovery of such 
forfeiture; and if it appear to such assistant or justice that 
any such surveyor hath neglected to improve such money ac- 
cording to the direction of said act, that then, in such case, 
such assistant or justice are hereby authoi'ized and impowered 
to grant a distress against the goods or cliattels of such sur- 
veyor for collecting such sum or sums as shall be found not 
to be improved as aforesaid, and the same to be delivered to 
tlie treasurer of the town where such distress is made. 

An Act in Addition to an Act entituled An Act for directing Pence- View- 
ers wliat Fence shall be accounted sufQcient. 

Whereas disputes have arisen in many parts of this Colony, 
whether stone wall four feet high shall be adjudged good and 
sufficient fence : Which to prevent. 

Be it enacted hy the Crovernor, Council and .Repreftentafives, 
in General Court assembled, and by the authority of the same, 
That all stone wall, four feet high, well and substantially 
erected, shall be adjudged good and sufficient fence. 

An Act for reviving and further continuing an Act entituled An Act 
for regulating of Fees, made m May last. 

Whereas said act was made to continue for the space of one 
year only, which is now expired. 

Be it therefore enacted by the Grovernor, Council and Represen- 
tatives, in General Court assembled, and by the authority of 
the same. That said act be revived, and the same in all the 
parts and paragraphs thereof is hereby revived and made 
of full force till the rising of this Assembly in May next. 

An Act for stating the Fare of Smith's Ferry at Glassenbury across 
Connecticut River. 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That the fare of said ferry for the future shall be one shilling 
for man, horse and load; for single man, six pence, and for 
single horse, nine pence ; all old tenour. 

This Assembly doth impower and order Capt. Titus Hurl- 
burt to inlist twenty effective men, in equal proportion out of 
the two military companies in the town plot in New London, 
to attend at the battery in said New London, there to be exer- 
cised in the best manner to qualify them so as to improve said 
battery to the best delencc of that port and place and the most 
effectual repelling any aggressor ; which company is ordered 
at all times, at half an hour's warning, to be in readiness to 
attend on every emergency, and particularly to appear and 



1748.] OF CONNECTICDT. 356 

attend two days in a montli, from the first of June to the first 
of November, and do duty, for which two days they shall be 
allowed souldicj's wages, and ai-e to be under the same regu- 
lation with otiier militaiy companies, and shall be exempt from 
all duty in the comi^anies from which they were detached, dur- 
ing tlie time of said five months. 

Resolved by fhu Assembly^ That Titus Hnrlburt, captain of 
the battery at New London, be allowed the sum of forty pounds 
old tenour, for his last years service in the capacity aforesaid, 
to be paid out of the publick treasury. 

Whereas Ca])t. Michael Burnham, commander of the Colony 
sloop Defence, hath r(>prescnted to tliis Assembly that he hath 
lately taken a Frencli snow, (suj»posing her to be lawful prize,) 
and liath bro't her into the port of New London : This Assem- 
bly do thereu[)on constitute, appoint and fully impower, Thos. 
Pitch, Esq', to be Agent for this government, to pursue all 
lawful and proper methods in order to a tryal and condemna- 
tion of said snow and cargo, and do everything necessary and 
proper to be done by this government while the said affair 
may be depending, and to take into his care and make dis|)o- 
sition, if he thinks fit, of all such share or interest in said 
snow and cargo as may be adjudged to belong to this govern- 
ment. 

[445] Resolved by this Assembly^ That the wages for offi- 
cers and souldiers in the service of this Colony shall be as 
foUoweth, {viz :^ 

To a captain, per week, (old tenour bills,) 
To a lieutenant, do., ----- 

To an ensign and cornet, - _ - 

To a sergeant and corporal of troop, - 
To a clerk, ------ 

To a corporal of foot company, - - - 
To a centinel, ----- 

And all persons that shall victual any officer or souldier in 
their march in the Colony service (when thereto required) 
shall be allowed three shillings per meal, and for boarding 
tnem by the week shall be allowed twenty-four shillings per 
week. 

Whereas John Fowler and Samuel Bassett, Esq"^*, who were 
appointed by this Assembly in May last to make sale of the 
estate of Samuel Weed, the whole of whose estate was for- 
feited to this government on his, the said Weed's, being con- 
victed before the superior court of counterfeiting bills of pub- 
lick credit on this Colony, have informed this Assembly that 
they, the said Fowler and Bassett, have now in their hands 



£6 


16s. 6d, 


5 


12 





4 


9 


3 


3 


18 


9 


3 


8 


3 


3 


5 


8 


3 


3 






856 PUBLIC RECORDS [May, 

sundry bonds and notes for money given by sundry persons 
to said Weed, which amount to upwards of four hundred 
pounds, and thereupon praying for direction in the premises : 
Whereupon it is resolved, that as things in action as well as 
other estate of the said Weed are forfeited and belong to this 
government by the law in such cases provided, the said bonds 
and notes shall be sued and the money thereby due demanded 
in the name of the Governor and Company of this Colony ; 
and the said John Fowler and Samuel Bassett, and each of 
them, are hereby impowered and appointed, in the name of 
the Governor and Company of this Colony, to sue for, recover 
and receive, all such sum and sums of money as are due by 
such bonds or notes given by any person or persons to the 
said Weed, that are or shall come into the hands or posses- 
sion of the said Fowler and Bassett, or either of them, and 
upon receipt thereof full discharge and acquittance to give. 
And they are hereby directed, upon the receipt of said money, 
to pay the same into tlie Colony treasury, taking the Treasur- 
er's receipt for the same, and lodge such receipt with the Sec- 
retary of this Colony. 

This Assembly do nominate and appoint Capt. William 
Chandler, of Killingiy, to be Surveyor of Lands in and for 
the county of Windham. 

This Assembly! do nominate and appoint Mr. Edmund Free- 
man, of Mansfield, to be Surveyor of Lauds in and for the 
county of Windham. 

Whereas this Assembly, at their sessions in October last, 
did, upon the memorial of Jasper Starr and others, appoint 
Messrs. Samuel Lynde, Jeremiah Miller, Christopher Avery 
and John Ledyard, or any three of them, as a court of equity, 
to take knowledge of all those persons that were imployed on 
board the country sloop in the expedition against Cape f^re- 
ton, and their legal representatives, and at the suit of any or 
either of them, (after due notice thereof to the executors of 
Capt. Prentiss being given by the parties that shall put in his 
claim to any part of the five thousand pounds for which the 
prizes taken in said expedition were sold,) to hear the parties 
and award execution ; and the said commissioners have made 
report that sundry difficulties have hitherto obstructed their 
proceedings : 'Tis now resolved by this Assembly, that the 
said commissioners have j)ower, and they are hereby impow- 
ered, to appoint a clerk, if need be, and swear him, and to tax ' 
costs as they shall find just and reasonable ; and execution 
by them awarded shall be levyed by any officer as executions 
in all other cases arc ; and the commissioners shall be allowed 



1748.] OF CONNECTICUT. 357 

ten shillings per diem new tenour, to be paid them by the per- 
sons calling them to said service. 

This Assembly orders the Treasurer to pay out of the pul)- 
lick treasury to Capt. Titus Hurlburt the sum of seventy-eight 
pounds six shillings and ten pence old tenour, for the cost of 
a new flag by him provided for the fort which he commands 
in New London. ■ 

[446] The Additions to the Lists of Estate of the several Towns in this 

Government hereafter mentioned, sent in to this Assembly, 

are as follow, (viz:) 

Single Additions. Fourfold Assessments. 





£ 


s. 


d. 


£ 


s. 


d. 


To New London, 


453 


2 





- 1793 








To Preston, 


549 


2 


6 - 


- 






To Greenwich, 


1397 


2 





- 






To Lebanon, 


1449 


18 


- 


- 






To Newtown, 


295 


4 





- 






To Mansfield, 


lOG 


16 


- 


- 






To Farmingtown, 


848 


13 


9 


- 1683 








To Weathersfield, 


443 


15 


6 - 


- 






To Hartford, 


907 


2 


6 


- 3136 


10 





To Fairfield, 


1375 


8 


9 - 


- 






To Windham, 


936 


13 





- 






To Lyme, 


419 





- 


- 53 


12 





To Stoningtown, 


974 


7 





- 8075 


18 





To Norwich, 


123 


16 


9 - 


- 559 


7 


2 


To Guilford, 






- 


462 








To Norvvalk, 


1789 


7 


li - 


- 223 


12 





To New Haven, 


352 


5 





- 1352 








To Wallingford, 


821 


11 


o 
•J 


- 






To Woodberry, 


860 


10 





- 






To Voluntown, 


m 


4 


- 


- 526 








To Hebron, 


1476 


17 





- 






To Stanford, 


668 





9 - 


- 197 








To Killingsworth, 


557 


10 


7 


- 






To East Haddam, 


668 


11 


- 


- 






To Stratford, 


3926 


6 


5 


- 






To Canterberry, 


140 


7 


- 


- 216 








To Coventry, 


56 


8 





- 






To Tolland, 


48 





- 


- 






To Danberry, 


119 


19 





- 






To Haddam, 


153 


10 


- 


- 






To AVindsor, 


2260 


3 





- 






To Saybrook, 


1012 


18 


- 


- 81 








To Ridgfield, 


60 


10 





32 








To Derby, 


574 


18 


6 - 


- 






To Ashford, 


274 


12 


6 


- 







358 PUBLIC RECORDS [May, 

Single Additions. Fourfold Assessments. 

<£ s. d. 





X 


s. 


d. 


To New Mil ford, 


7 


4 





To Ponifrett, 


579 








To Plaiiificld, 


450 


16 





To Cxroton, 


354 


13 





To Glassenbuiy, 


148 








To Midlctovvii, 


1659 


5 





To Symshiiry, 


1684 


11 





To Colchester, 


1702 


13 


6 


To Killiiioly, 


33 









409 4 



U|»oii the petition of Nathaniel Johnson, of Guilford in the 
county of New Haven, vs. Charles Caldwell, of said Guilford, 
rei)rtsenting to this Assembly that Joseph Tuniery, late of said 
Guilford now deceased, in his life time, for the consideration 
of thirty-one pounds money which said Tumery owed to the said 
Caldwell, made and executed his deed of about eighty acres of 
land in said Guilford, and bounded as in said deed is set forth, 
dated the first day of April, 1734, and that the said Caldwell gave 
his bond of two hundred and sixty pounds to the said Tuniery 
for the reconveyance of said lands upon the said Turnery's 
paying to the said Caldwell the said sum of thirty-one pounds 
by the first day of September next after the date of said deed, 
and that the said Tumery had paid said sum on or about that 
time, and having made his last will and testament dated the 
8th day of September, 1743, and therein and thereby gave 
[447] and devised to the said Johnson all his estate and made || 
him sole executor, died a souldier at Louisboui-g about the 29th 
day of Januai'y, 1745; prnying this Assembly to order a con- 
veyance of said lands to the petitioner, or so much money as 
the said land is worth, as by the petition on file appears : It 
is granted, enacted and ordered by this Asscml)ly, that the said 
Charles Caldwell, within two months from this time, make 
and execute to the said Nathaniel Johnson a good, ample and 
complcat deed of said eighty acres of land for the said John- 
son's holding the same in fee, or, on failure thereof, to pay 
unto the said Nathaniel Johnson the sum of two hundred and 
sixty pounds old tenour bills of credit, lor which the Secre- 
tary is hereby directed to grant execution in case said deed is 
not made and executed according to the provision in this act 
made. Cost allowed said Johnsofi vs. the said Caldwell, £1 
5.S. 4^d. 7iew tenour bills. Ex. granted for the said £260 Os. 
i)d. and cost, Oct. 6ih, 1748. 

Upon the petition of James Rogers of New London, living 
on the Great Neck in said town, son of James Rogers late de- 
ceased, which deceased James was son of Joseph Rogers late 



1748.] OP CONNECTICUT. 359 

deceased, representing that Philip Tabor of said New London, 
before the superior court hehl at Norwich in March last 
against liini olitaiiied a final judgment, and execution thereon 
issued and executed for surrendry of seizin and possession 
of about fourteen acres of land in New London Great Neck, 
&c., and that lie had at said tryal beoi disappointed of some 
evidence ho had taken due care then to improve, and has also 
since found new evidence then unknown of, and tiiereupon 
praying reversal of said final judgment and lil)erty of' a new 
tryal, &c. : Resolved by this Assembly, that the said finnl 
judgment and execution, with all the doings thereon, be re- 
versed and set aside, and that the petitioner be allowed an- 
other tryal of said case at the superior court to be held at 
New London in Sei)tembcr next, and that in case he sball re- 
cover final judgment in said action, be sliall at the same time 
have judgment to have and recover back from said Tabor all 
such cost and damage as by virtue of said execution he hath 
been compelled to pay, and be also rcseized of tlie said lands 
by said execution taken from him, and also tbat all the cost 
shall follow such final judgment. 

Upon the petition of James Rogers the 8d, of New London, 
complaining of a judgment of the county court holden at 
Norwicli on the fourth Tuesday of November last past, given 
by said court in a cause depending between said Rogers and 
Pardon Tabor of said New London l)y a writ dated the 26tli 
day of June, A. D. 1747, wberein the said Rogers set forth 
that the said Pardon Tal>or secretly assaulted the said Rogers, 
as by said writ appears; praying for relief ngainst the judg- 
ment aforesaid, for tlie reasons assigned: Resolved by this 
Assembly, that the aforesaid judgment be set aside, and tbat 
the petitioner have liberty to enter his action at tbe county 
court to be holden at New London on the 2d Tuesday of June 
next, and to amend his process and prosecute tbe same to a 
final issue in tlie law, and that the whole cost follow the final 
judgment thereon. 

Upon the memorial of Nathaniel Harrison, Joseph Frisbee, 
Nathaniel Johnson and others, inhabitants of the first parish 
in Brandford, setting forth the unhappy and divided state of 
the inhabitants in said society, and that altbO there batli been 
means used for the uniting and settling said parish in peace 
and order, as well among tbemselves as with their minister, 
Mr. Philemon Rol)bins, yet all endeavors have proved ineffect- 
ual: This Assembly do therefore now recommend it to the in- 
habitants of said society to call in for their help and to advise 
them, the Rev'. Messrs. Eliphalet Addams of New London, 



360 PUBLIC RECORDS [May, 

Ebenezer Williams of Pomfrett, Benjamin Lord of Norwich, 
Solomon Williams of Lebanon, Stephen Steel of Tolland, 
Ashbel Woodbridge of Glassenbury, Noah Hobart of Fairfield, 
with messengers from the respective churches that the said 
reverend ministers stand related to. And this Assembly do 
desire the said reverend gentlemen, with the messengers from 
the said churches, to repair to said parish and to enquire into 
their state and hear all parties there and give such advice to 
the said Mr. Robbins and all other parties as they shall think 
proper, that so peace and order may be restored to said parish. 
And this Assembly do advise all parties in said parish with 
freedom to lay their difficulties before said persons, when con- 
vened as above directed; and this Assembly do expect all 
parties will submit to such advice when given. 

Upon the petition of James Harris vs. James Brown, dated 
the 21st of April last, now preferred to this Assembly: Re- 
solved, that Messrs. Robert Walker, Seth Wetmore and Elihu 
Hall, be a committee to enquire into the matters complained 
of in said petition and all matters relating thereto, and hear 
the parties and evidences in the case, and make report of their 
opinion thereon to this Assembly at the present sessions. 

[448] Whereas his Honour the Governor hath laid before 
this Assembly a letter from the duke of Bedford, one of his 
Majesties principal Secretaries of State, dated the 25th of 
February, 174|^, directed to the Governor and Company of 
this Colony, and therewith the King's proclamation to explain 
and enforce the prohibition of all trade and commerce with 
the subjects of the French King by any of the subjects of the 
King of Great Britain during the time of open war, and giv- 
ing direction that the same be duly observed: Resolved by 
this Assembly, that the said proclamation be published by the 
several sheriffs in the respective counties of Hartford, New 
Haven, New London, Fairfield and Windham; and in order 
thereto, the Secretary of this Colony is directed to send at- 
tested copies of said proclamation and of this act, to each of said 
sheriffs, that so his Majesties subjects may be made acquainted 
therewith. 

Whereas his Plonour the Governor has laid before this As- 
sembly a letter from Capt. Michael Burnham, captain of the 
Colony sloop Defence, dated May 11th, 1748, requesting that 
his orders might be made more extensive and particular: 
Therefore, resolved by this Assembly, that his Honour the 
Governor be desired to grant to Capt. Burnham a Letter of 
Marque, with such orders and directions as to the jdaces to 
which he shall go for the improvement thereof as to his Hon- 



1748.] OF CONNECTICUT. 361 

our shall (by the advice of the committee appointed to assist 
him) seem best. 

This Assembly do establish and confirm Mr. Jonathan 
Hunger to be Ensign of the 4th company or trainband in the 
town of Woodberry, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. John Bald- 
win to be Ensign of the 2d company or trainband in the town 
of Stoningtown, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Abraham 
Kimberly to be Ensign of the first company or trainband in 
the town of Newtown, and order that he be commissioned 
accordingly. ' 

This Assembly do establish and confirm Mr. Edward Hall to 
be Ensign of the 3d company or trainband in the town of 
Stoningtown, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Andrew Les- 
ter to be Lieutenant of the 2d company or trainband in tlie 
town of Preston, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Joseph Billings 
jun"", to be Ensign of the second company or trainband in 
the town of Preston, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan 
Robbiiis to be Captain of the 1st company or trainband in the 
6th regiment of this Colony, and order that he be commission- 
ed accordingly. 

This Assembly do establish and confirm Mr. Ebenezer Bel- 
den to be Lieutenant of the 1st company or trainband in the 
6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr, Timothy Wright 
to be Ensign of the 1st company or trainband in tlie 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Deodate Dav- 
enport to be Captain of the 3d company or trainband in the 
town of New Haven, and order that he be commissione ac- 
cordingly. 

This Assembly do establish and confirm Mr. Isaac How to 
46 



362 PUBLIC RECORDS [May, 

be Lieutenant of the 3d company or trainband in the town of 
New Haven, and order tliat he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Hem- 
ingway to be Ensign of the 3d company or trainband in the 
town of New Haven, and order that he be commissioned ac-. 
cordingly. 

This Assembly do establish and confirm Mr. Joseph Prentice 
to be Captain of the 6th company or trainband in the town 
of New London, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. William 
Douglass to be Lieutenant of the 5th company or trainband in 
the town of New London, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan Lyon 
to be Captain of the west company or trainband at Horseneck 
in the town of Greenwich, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Banks 
to be Ensign of the west company or trainband at Horse- 
neck in the town of Greenwich, and order that he be com- 
missioned accordingly. 

[449] This Assembly do establish and confirm Mr. David 
Doming to be Lieutenant of the 3d company or trainband in 
the 6th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Elijah Stanton 
to be Cornet of the troop of horse in the 8th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Asseml)ly do establish and confirm Mr. James Packer 
junr. to be Quarter-Master of the troop of horse in the 8th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. George Holmes 
to be Lieutenant of the company or trainband in the parish of 
New Salem, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Isaacs 
to be Quarter-Master of the troop of horse in the 9th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel Jarvis 
jun^ to be Cornet of the troop of horse in the 9th regiment 
in this Colony, and order that he be commissioned accord- 
ingly. 



1748.] OF CONNECTICUT. 363 

This Assem1)ly do establish and confirm Mr. Abraham 
Morehouse to be Captain of the first company or trainband in 
the town of Fairfield, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Samuel Wake- 
man to be Lieutenant of the first company or trainband in the 
town of Fairfield, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. David Allen to 
be Ensign of the 1st company or trainband in the town of 
Fail-field, and order tliat he be commissioned accordingly. 

This Assembly do establish and confirm Mr, John Warner 
to be Lieutenant of the 2d company or trainband in the town 
of New Milford, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. John Hitch- 
cock to be Ensign of the second company or trainband in the 
town of New Milford, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Joseph Bart- 
lett to be Captain of the 2d company or trainband in the 7th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joseph Stone 
to be Lieutenant of the 2d company or trainband in the 7th 
regmcnt in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Joshua Pen- 
dleton to be Ensign of the 2d company or trainband in the 
7th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. James Brews- 
ter to be Cornet of the troop of horse in the .5th regiment in 
this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. James Lazel 
to bo Quarter-Master of the troop of horse in the 5th regi- 
ment in this Colony, and order tliat he be comniissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Nathan Reed 
to be Ensign of tlie company or trainband at the parish of 
Midlesex, and order that he be commissioned accordingly. 

This Assembly do appoint Roger Newton, Esq'', to be Lieu- 
tenant Colonel of the second regiment in this Colony, and 
order that he be commissioned accordingly. 



364 PUBLIC RECORDS [May, 

This Assembly do appoint John Russell, Esq"", to be Major^ 
of the second regiment in this Colony, and order thas he be 
commissioned accordingly. 

This Assembly do appoint John Dyer, Esq"", to be Colonel 
of the eleventh regiment in this Colony, and order that he be 
commissioned accordingly. 

This Assembly do appoint Hezekiah Sabin, Esq'', to be 
Lieutenant Colonel of the 11th regiment in this Colony, and 
order that he be.commissioned accordingly. 

This Assembly do appoint John Holland, Esq"", to be Major 
of the 11th regiment in this Colony, and order that he bo com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. John Grover 
to be Lieutenant of the 4th company or trainband in the 11th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

[460] This Assembly do establish and confirm Mr. Samuel 
Humphrey to be Lieutenant of the oth company or trainband 
in the town of Symsbury, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Nathaniel Cook to 
be Captain of the 8th company or trainband in the town of 
Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Daniel Tracy, 
jun"", to be Lieutenant of the 8th company or trainband in the 
town of Norwich, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Joseph Tracy 
3d to be Ensign of the 8th company or trainlmnd in the town 
of Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathaniel Rob- 
bins to be Ensign of the 9th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

Upon the petition of Joseph Barnerd vs. Isaac Sheldon, 
dated the 10th day of March last and now preferred to this 
Assembly: Resolved, that Messrs. Ebenezer West, Jolin Led- 
yard and Timothy Stone, Ije a committee to enquire into the 
matters complained of in said petition, hear the parties and 
their evidences, and make examinations of the parties under 
oath if they judge proper, and report to this Assembly what 
they find, together with their opinion what is just and right to 
be done in the premises. 

Upon the memorial of Daniel Alden, of Stafford, agent for 



1748.] OF CONNECTICUT. 365 

said town, representing that at the sessions of the General 
Assembly of this Colony, at Hartford in May, 1718, a com- 
mittee was appointed to procure said town to be laid out and 
settled, (fee, and that Messrs. James Wads worth, John Hall 
and Hezekiah Brainerd, three of said committee, did accord- 
ingly soon after, by the assistance of Mr. Surveyor Kimberly, 
survey and lay out the same, and also proceed to lay out a 
number of house lots and other lots and parcels of land for 
pious uses, highways, and also to the admission of settlers in 
said town under the regulations and restrictions by them 
agreed upon, and to assign to each one so admitted their par- 
ticular allotments, and thereof and of other their proceedings 
made a rough and informal draught; tliat, whether by death 
or other inevitable providence, it hath so happened that said 
committee have been prevented perfecting said undertaking, 
so the minutes of their said proceedings still remain unfinished 
and unattested, and in part concealed in private hands, inso- 
much as that they, the settlers and inhabitants of said town, 
remain to this day destitute of any proper and legal records 
of the original titles of their respective allotments or of the 
allotments of those under whom they claim and hold ; and 
praying relief in the premises: Resolved by this Assembly, 
that Colo. James Wadsworth, Colo. Jonathan Trumble and 
Colo. Joseph Pitkin, or any two of them agreeing, be a com- 
mittee to repair to said town and there to enquire after and 
discover all and all manner of papers or writings by said 
former committee made or procured to be made, whether fin- 
ished or unfinished, relating to the premises, and by examin- 
ing of all witnesses, parties or persons therein interested or 
not, under oath or otherwise, as well as by any other evidence, 
to discover whatever, touching the laying and dividing out said 
township and settling the same, hath by said former committee 
been done or agreed to be done, unto whom they assigned or 
intended or ought to have assigned the several allotments of 
land there; and to this end, all and every paper or writing by 
said committee made, thereto relating, of any and every per- 
son withholding the same to demand and receive, all proper 
and needful oaths to administer, and all and every person or 
persons before them to appear and give evidence in the pre- 
mises, also to disclose and on demand to deliver up all papers 
or writings made as abovesaid, by all lawful means to compel, 
as occasion may be ; and such draught, form or description of 
said township, surveys or divisions, either for publick or pious 
uses or particular persons, as they shall find either by said 
former committee to have been proceeded to or concluded on, 
or may find still further necessary to be made for tl>e safety 



366 PUBLIC RECORDS [May, 

and security of said town and the settlers or just and real 
[451] owners thereof, their heirs || and assigns, to exhibit be- 
fore this Assembly in their sessions at New Haven in October 
next, and that they also then report their opinion thereon, and 
what further may then remain needful or expedient to be done 
in the premises, and all at the cost of the inhalntants of said 
town of Stafford or the projorictors of said land, as the said 
committee shall judge just and reasonable. 

Resolved hi/ this Assembly, Tliat the Secretary send a copy 
of the following advertisement to Colo. Jonath. Trumble, 
attested by order of tliis Assemljly, and signify to him that it 
is the pleasure of this Assembly that he cause the same to be 
printed in the weekly print called tbe Post-Boy. 
Advertisement. 

Whereas there has been a certain strolling woman passing 
up and down this Colony, sometime by tlie name of Mary 
Rogers, sometimes Mary Remington, and sometimes by other 
names, and is a person of evil name and fame for stealing and 
many disorders, to the disturbance of his Majesties good peo- 
ple, wliich woman it is said many times dresses in men's ap- 
parrel, who is still supposed to be wandering about in this 
Colony, being a woman of middling stature, about thirty-five 
years of age, and it is said hath two scars on the back part of 
her neck concealed by her apparrel: Tiiese are therefore to 
warrant and direct any and every person that shall find the 
said woman within this Colony, to seize and secure her and 
carry her to the next justice of the peace, who is hereby di- 
rected to examine her and thereupon to commit her to the 
common goal in the county where she shall be apprehended, 
there to remain until the next sessions of the county court in 
such county, unless she procure good and sufficient bail for her 
personal appearance before such court to answer all such mat- 
ters as shall be alledged against her respecting any the matters 
aforesaid, or whatever else may be alledged against her on his 
Majesties behalf; and that such person who shall thus seize, 
secure and carry her to such justice, as aforesaid, shall have 
twenty pounds old tenour reward, on his making oath before 
such justice that she was taken in this Colony. 

On the petition of Samuel Clark, of the town and county of 
New Haven, &c., vs. Thomas Clark and Gamaliel Clark, both 
of Milford, Thomas Touscy of Newtown, and Richard Bryan 
juu»", and Mehitabel Ingersole, both of Milford, &c., as on file:* 

* He petuioued for a new trial, claiming tliat the superior court, in giving judg- 
ment, February term, 1746-7, that lands descended to and ought to be divided 
among all the children of an intestate, missed the law. In his petition he cites 
at length the decree of the King in Council on the appeal of Winthrop against 
Lechmere. 



1748.] OP CONNECTICUT. 367 

The question was put, whether the pleas offered by the re- 
spondents in abatement of said petition are sufficient to abate 
the same: Resolved by this Assembly in the affirmative. Cost 
allowed respondents X4 5s. Id. new tenour bills. Ex. granted 
June 4th, 1748. 

On the petition of John Soper, of Windsor, vs. Enoch Drake 
and Lydia Drake, both of said Windsor, &c., on file, dated 
April 28th, 1748: The question was put, whether anything 
prayed for in said petition should be granted: Resolved by 
this Assembly in the negative. Cost alloived respondents XI 
19s. ^d. new tenour. Ex. granted., Jidy 2, 1748. 

On the petition of Bevil Seymour, of Weathersfield, Isaac 
Norton and Sarah his wife, of the parish of Kensington, Au- 
gustus Stanly and Alice his wife and Jerusha Seymour, all of 
Hartford, <fec., on file, dated May 3d, 1748, vs. Thomas Sey- 
mour, and Nathaniel Seymour and Mary his wife, and Elisha 
Smith and Ruth his wife, all of Hartford: The question was 
put, whether any thing should be granted &c. : Resolved by 
this Assembly in the negative. 

On the petition of John White, of Hartford, vs. Hugh 
White, of Midletown, on file, dated May 2d, 1748: The ques- 
tion was put, whether the prayer of the petitioner should be 
granted: Resolved by this Assembly in the negative. 

On the petition of Charles Wilcox and Jerusha Wilcox, 
minors, both of Midletown, by their guardians John Wilcox 
and Benja. Cornwell, Ichabod Andruss, a minor, of Farming- 
ton, by his guardian David Andruss, and Silas Wells of Glas- 
senbury, vs. Moses Bush, of Midletown, on file, dated May 
4th, 1748: The question was put, whether the prayer of said 
petition should be granted : Resolved by this Assembly in the 
negative. 

On tlie petition of Timothy Parsons, of Durham, vs. Hope 
Halley, of Midletown, &c., on file, dated April 28th, 1748: 
The question was put, whether the prayer of the petitioner 
should be granted : Resolved by this Assembly in the negative. 
Cost allowed resjjoyident X3 12s. 3c?. neiv tenour. Ex. granted 
September 12th, 1748. 

[452] On the petition of John Banister, of Newport in the 
Colony of Rhode Island, Samuel Banister, of Stoningtown in 
the county of New London, and William Bowen and Frances 
his wife, of Boston, &c., on file, dated March 29th, 1748: The 
question was put, whether the prayer of said petition should 
be granted: Resolved by tliis Assembly in the negative. 

On the petition of Robert Turney and Timothy Wheeler, of 



368 PUBLIC RECORDS [May, 

Fairfield, two of the proprietors of the common and undivided 
land in the town of" Fairfield, and the rest of the proprietors 
of said common and undivided land <fec., on file, dated April 
80th, 1748, vs. Tho« Hill, Esqs of Fairfield: The question 
was put, whether the prayer of said petition should be granted: 
Resolved by this Assembly in the negative. Cost allotved 
respondents is X3 4s. Od. new tenour. Ex. granted June 24th, 
1748. 

Upon the representation made by Ephraim Smith, one of 
the listers of the town of Stoningtown for the year 1747, shew- 
ing to this Assembly, on behalf of himself and other listers 
in said town for said year, that they did, upon inspection of 
the list for the year 1747, make a fourfold assessment upon 
divers of the inhabitants of said town, for estates left out of 
the list, near about the sum of eight thousand pounds, accord- 
ing to the direction of the law, and that sundry persons, pre- 
tending to be aggrieved by their assessments, have applied to 
several gentlemen in said town who are justices and selectmen, 
to have their assessments abated ; informing also that the 
authority and selectmen who have granted bills of abatement 
are all of them assessed fourfold for part of their estates left 
out, and not indifferent judges in the affair, &c. : This Assem- 
bly taking into consideration the case represented as above- 
said, and being desirous to prevent injustice being done, do 
hereby appoint Messrs. John Ledyard, Dudley Woodbridge, of 
Groton, and John Richards of New London, a committee on 
behalf of this Assembly, who are hereby directed in some 
proper form to give publick notice to the parties concerned, that 
those that are aggrieved by the assessments aforesaid may lay 
their grievances before them for relief,w]ioare hereby impowered 
to grant such relief as they shall find just; and no person in 
said town shall take benefit by any bill of abatement obtained 
for any of the assessments laid upon them by the said listers, 
unless such as have been and shall be allowed by the said listers 
or the committee. 

Upon the memorial of Abraham Wanser and others, inhab- 
itants of the town of New Fairfield, shewing to this Assembly 
that the people of said town have fallen into great contentions 
about their meetings for the choice of town officers in Decem- 
ber last, and praying for relief: Resolved by this Assembly, 
that the proceedings of said inhaljitants in their towji meet- 
ings in December last were irregular, and the same are hereby 
declared to be null and void. And that proper officers for the 
current year may be appointed in said town, the persons that 
were selectmen in the town of New Fairfield in the year 1747, 



1748.] OF CONNECTICUT. 369 

are hereby ordered and directed to cause all the inhabitants 
in the said town to be jjcrsonally warned to meet in said New 
Fairfield at such time and |)lace as shall be apj)ointed for tliat 
purpose l)y Samuel Canficld, Esq"", of New Milford, who is 
hereby appointed moderator of said meeting and is hereby di- 
I'ccted to lead the said iiduxbitants to the choice of all proper 
town officers for the current year. And this Asseml)ly further 
orders and directs, that all town meetings for the choice of 
town officers, &c., in the said town of New Fairfield, for the 
space of five years next coming, shall be warned by a notifi- 
cation under the hands of the major part of the selectmen for 
the time being, read to the said inhabitants, or notice thereof 
left at the place of their usual abode, at least six days before 
the meeting to be held for the purpose aforesaid. 

Upon the report of John Bissell, Zebuloji West and Jona- 
than Strong, representing that they had, pursuant to the ap- 
pointment of this Assembly, viewed the circumstances of the 
parish of Andover, and had affixed a place for the building a 
meeting-house in said society about sixty rods northeast of the 
centre of said society, in Mr. Aaron Pheli)s's homelot, and 
al)Out twenty rods southwesterly of the said Phelps's dwelling 
house, where they had set up a large stake, &g. : Resolved by 
this Assembly, that the report of the said Messrs. Bissell, West 
and Strong, be ai)proved, and the said place in the said Mr. 
Phelps's homelot where they erected said stake be the place, 
and it is hereby confirmed and established to be the place, for 
building a meeting-house for publick worship in said society ; 
the sills of said meeting-house to enclose the said stake. 

[453] Upon the memorial of Stephen Sedgwick, of Farm- 
ingtown, shewing to tliis Assembly that his son Stephen Sedg- 
wick hath been and still is greatly disenal)led for bodily labour, 
upon account of lameness in one of his hips, and praying this 
Assembly that he may be released from paying all publick 
taxes for his head for the future : Resolved l)y tliis Assembly, 
that the memorialist's said son Stephen be released, and he is 
hereby released, from paying of all publick taxes for his head 
for the future. 

Upon the prayer of Cask, an Indian belonging to the tribe 
of Indians inhabiting in the township of Farmingtown, pray- 
ing to this Assembly for liberty to sell an acre of land lying in 
the meadow in the Indian Neck, so called, in said Farming- 
town, for the enabling him to build an house and put inmself 
into a capacity to live in a credible and civil manner, in some 
degree after the English method ; and this Assembly being- 
certified that the said Cusk from his behaviour in time past is 
47 



870 PUBLIC RECORDS [May, 

likely to act prudently with the avails of said land : This As- 
sembly do grant liberty to tlie said Cask to convey his right 
to said acre of land, and any of the inhabitants of this Colony 
to purchase the same. 

Upon the memorial of Mr. Epaphras Lord, Daniel Hors- 
ford and William Buel.. committee for the parish of Marl- 
borough in the county of Hartford, shewing to tliis Assembly 
tliat the inliabitants have agreed upon building a meeting- 
house, and also universally agreed upon the place on which it 
should be erected, which place agreed upon by said parish is 
on the top of the hill on the east side of the highway joyning 
to tlie highway about twenty-eight rods north of Mr. Ezra 
Strong's dwelling house, and jiraying this Assembly to estab- 
lish the said place for setting the meeting-house on : And it is 
thereupon resolved and ordered by this Assembly, that the 
inhabitants of the parish aforesaid shall build their meeting- 
house for divine worship on the place above described, accord- 
ing to the vote of the inhabitants of said parish. 

Upon the memorial of Phinehas Strong, of Coventry in the 
county of Windham, administrator on the estate of Mr. Noah 
Rust, late of Coventry, deceased, shewing to this Assembly 
that the said Noah Rust dyed in debt the sum of two hundred 
and eighty-nine pounds sixteen shillings and six pence more 
than all his moveable estate will pay, and that there are lands 
of the deceased sufficient to pay the said £289 16s. 6d., and 
praying liberty of this Assembly to sell so much of the lands 
of the said deceased as may be sufficient to pay the said <£289 
16s. 6d. with the charges arising thereon : And it is now re- 
solved and ordered by this Assembly, that the said Phinehas 
Strong, together with Mr. Samuel Rust the other administra- 
tor on the said estate, shall have power, and they are hereby 
directed and ordered, to sell so much of the lands of the said 
deceased as will be sufficient to pay the said X289 16s. 6d. 
according to old tenour bills, and the charges arising thereon ; 
they taking the direction of the court of probate in the district 
of Windham, in order to sell said land. 

Upon the memorial of John Parsons, of Wallingford, shew- 
ing that he had paid a mortgage of Benjamin Curtiss of the 
first loan money, both principal and interest, as per the Treas- 
urer's receipt appears ; praying the lands in said mortgage 
may be released to him as assignee to said Curtiss, late of 
said town, deceased: Resolved by this Asseml)ly, that the 
lands in said mortgage shall be released to said Pai'sons as 
assignee to said Benjamin Curtiss, and that the committee for 
said purpose shall execute a release thereof to said Parsons 
as assignee to said Benjamin Curtiss accordingly. 



1748.] OP CONNECTICUT. 371 

Upon the memorial of Obadiah Beardlee, of the south so- 
ciety of New Fairfield, agent for said society, praying for a 
tax to be laid on the divided unimproved lands in said parish, 
<fec. : Resolved by this Assembly, that a tax of six pence old 
tenour per acre be laid on all the divided unimproved lands 
lying and situate within said society for and during the space 
of four years, to commence on the first day of June next, to 
be at the discretion of said society applied partly towards the 
finishing their meeting-house, (as yet unfinished,) and in part 
to the support of their minister there. 

Upon the memorial of John Dixson, Elnathan Palmeter, 
William Carr, Benjamin Lothrop, Solomon Wickwire, John 
Holmes, Thomas Gustin, George Dolbeare, William Dixson, 
Ebenezer Palmeter, William Chapman, Clement Daniels, 
Elijah Staples, Thomas Gustin, jun"", Thomas Tozer, Robert 
Staples, Simon Tubbs, Thomas Collett, Jonas Hamilton, 
George Holmes, William Dodge, Jonathan Hungerford, and 
Samuel Dodge, lieing members of the church in, and inhab- 
[454] itants of the society || or parish of New Salem, lying 
partly in Colchester in the county of Hartford and partly in 
Lyme in the county of New London, representing they have 
been destitute of a minister about the space of four years and 
have had the publick worship attended but seldom in said 
time, and that by reason of different sentiments in religious 
matters the inhabitants are not agreed to settle a minister 
among them, and that the memorialists with some others are 
greatly desirous to call and settle an orthodox minister there 
but cannot obtain a vote or votes for that purpose : people of 
different persuasions, being so numerous in said society, 
opposing the same ; and under these distressing circumstances 
praying fur the aid of this Assembly : Resolved and enacted 
by this Assembly and the authority thereof, that the said 
memorialists, and such other inhaljitants of the said society 
of New Salem as shall hereafter enter their names with the 
clerk of said society, be, and they are hereby, impowered by 
their major vote in any of their meetings, to call and settle 
an orthodox minister among them, and to grant rates and 
taxes on themselves, and annually to choose a committee and 
clerk as other societies do, and to pass all other needful votes 
and acts relating to the calling, settlement and maintenance 
of a minister ; which doings of the memorialists and sucli as 
joyn with them, by entering their names as aforesaid, shall be 
good and valid in the law : provided no tax be laid by the 
persons impowered to act as abovesaid upon any person but 
the memorialists and such as enter their names as aforesaid. 



372 PUBLIC RECORDS [May, 

And it is further resolved and ordained, that there sliall be a 
tax, and this Assembly do hereby grant a tax of one pence 
per acre in new tenour bills of credit annually, to be levyed 
and collected for the space of four years next coming, upon 
all the unimproved lands in said society, to be improved for 
the support of such minister as shall be improved there as 
abovesaid. And it is further resolved, that the memorialists, 
and such others as shall joyn with them by entering their 
names as aforesaid, shall be, and tliey are lierel)y, exempted 
from paying any publick tax to this government for the space 
of four years next coming: provided they call and continue 
a minister among them as aforesaid ; which exemption shall 
continue no longer than they continue to support such min- 
ister. 

Upon the memorial of Lydia Bishop, of Guilford, widow, 
shewing to this Assembly that El)enezer Bishop is deceased, 
who was appointed by this Assembly at New Haven in October, 
A.D. 1742, with Samuel Hill of Guilford, to sell the lands of 
her daughter Lydia Bishop, for her support, wlio still contin- 
ues deprived of her reason and uncapable of providing for 
herself; and praying that Mr. Nathaniel Stone of Guilford 
may be appointed in the room of Ebenezer Bishop, deceased, 
to be joyned with said Hill from time to time as there may be 
occasion, to sell the lands of the said Lydia the 2d, according 
to former order, for her support when it shall be needful : 
Accordingly this Assembly appoints said Nathaniel Stone to 
be joyned with said Hill in the room of said Ebenezer Bishop, 
deceased, for the purpose aforesaid. 

Upon the memorial of Alpheus Gustin, administrator on 
the estate of Amos Gustin, late of Glassenbury, deceased, 
shewing to this Assembly that the debts due from said estate 
surmount the moveable or personal estate of the said deceased 
the sum of £Q0 6s. ?)d. of the old currency, praying liberty 
of this Assembly to sell so much of the real estate of the said 
deceased as will answer said debts : Resolved by this Assem- 
bly, that the memorialist have liberty to sell so much of the 
real estate of the said Amos Gustin, deceased, as may be 
sufficient to answer the debts due from tlie said estate of £60 
Qs. Sd. old currency ; and the memorialist is hereby substituted 
and impowered to sell so much of the real estate of the said 
deceased as will answer the sum aforesaid with the necessary 
charges arising thereon, taking the direction of tlie court of 
probate in the district of Hartford therein. 

Upon the memorial of Steplien Halley, of New Milford, 
shewing this Assembly tliat he and his family are situate ten 



1748.] OF CONNECTICUT. 373 

miles distant from the pai'ade of the military company to 
which they belong in New Milford, and praying- to be annexed 
[455] to the company || or trainband under the command of 
Capt. John Glover of Newtown, and praying liberty for one 
male person to tarry at home on training days, &g. : Resolved 
by this Assembly, that the said Stephen Halley, with the male 
persons belonging to his family, be hereby dismissed from the 
company to which he now belongs in said New Milford, and 
are annexed unto the company under the command of Capt. 
John Glover, and have liberty of one of his male persons 
tarrying at home each training day, but not exempted from 
the view of arms and ammunition. 

On the memorial of Lydia Lee, administratrix on the estate 
of John Lee, late of Farmington in the county of Hartford, 
deceased, shewing to this Assemljly that the debts and 
charges due from said estate, together with the moveables set 
out by the court of probate to tlic widow and relict of said 
deceased, do surmount the moveable part of said estate the 
sum of X145 4s. Od., and thereupon praying liberty to sell so 
much of the real estate of the said deceased as will procure 
the said sum of X145 4.S'. Od. with the necessary charges 
ai'ising on said sale : Resolv^ed by this Assembly, that Mr. 
William Porter, of Farmingtown, be appointed, and he is here- 
by impowered, to make sale of so much of the real estate of 
the said deceased as will procure tlie said sum of X145 4s. Od. 
with the necessary charges arising thereon, and to make and 
pass deed or deeds accordingly; taking the direction of the 
court of probate for the district of Hartford therein. 

On the memorial of Jonathan Atwater jun'',of New Haven, 
guardian to Samuel Atwater, an idiot, shewing that he hath 
subsisted said Samuel at his expence for above five years, and 
no allowance hath been granted to him therefor ; praying for 
liberty to sell some of said Samuel Atwater's land for that 
purpose, and for his future support : Resolved by this Assem- 
bly, that the memorialist and John Front, Esq"', of New Haven, 
be, and are hereby, authorized to make sale of so much of the 
real estate of said Samuel Atwater as shall be sufficient to 
answer the charge already incurred therefor, and from time 
to time as shall be needful for the support of said Samuel 
Atwater ; always taking the direction of the court of probates 
in the district of New Haven. 

Upon the memorial of Mary Chapman, administratrix on 
the estate of Samuel Chapman, late of Saybrook, deceased, 
shewing to this Assembly tliat the debts due from said estate 
surmount the moveable estate the sum of £100 15s. lid., and 



374 PUBLIC RECORDS [May, 

thereupon praying to this Assembly for liberty to sell so much 
of the lands of the said deceased as will pay the said sum of 
<£100 15s. 11 tZ. with the necessary charges arising on the sale 
thereof: Resolved liy this Assembly, that Capt. Jedadiah 
Chapman be appointed and impowered to sell so much of the 
lands of said deceased as shall pay the said sum togetlier with 
the necessary charges arising on the sale thereof; taking the 
advice of the court of probate in the district of Guilford. 

Upon the memorial of the inhabitants of the parish of New- 
ington, representing that the Reverend Mr. Backus, their 
late minister, havijig been called by publick authority to serve 
as a chaplain at Louisbourg, after having been there some 
considerable time died in said service, to their great and un- 
hapj)y loss, and praying relief, <fec. : Resolved by this Assembly, 
that the sum of one hundred and fifty pounds in bills of credit 
of the old tenour be paid and delivered to the memorialists 
out of the publick treasury of this Colony. 

Upon the memorial of Joseph Kingsberry and others, 
inhabitants of the second or west society in Norwich, represent- 
ing the broken and divided state of said society, and praying 
for a committee to enquire into the circumstances, &g. : 
Resolved by this Assembly, tliat the Honb'e Roger Wolcott, 
Deputy Governor, Samuel Lynde, William Pitkin, Bsq^s, the 
Revd. Mr. William Russell and the Rev^. Mr. Ashbel Wood- 
bridge, be, and they are hereby, appointed a committee to 
repair to said second society in Norwich and, first notifying 
all parties, they are to enquire into the circumstances of said 
society, and to report the same with their opinion thereon to 
this Assembly in October next ; all at the cost of the 
memorialists. 

Upon the memorial of Temperance Stone and Josiah Stone, 
executors of the last will of Josiah Stone late of Litchfield, 
deceased, representing that the debts due from the estate of 
the said deceased surmount the account of debts exhibited to 
this Assembly in October last and the personal estate of the 
said deceased the sum of X220 IBs. Id., and praying for liberty 
to sell lands, &c. : Resolved by this Assembly, that the said 
executors iiave liberty, and liberty and power is hereby grant- 
ed unto them, to sell so much of the lands of the said deceased 
Josiah as will procure the said sum of £220 13s. Id. and 
defray the charges of said sale ; taking the advice and direc- 
tion of the court of probate in the district of Litchfield therein. 

[456] Upon the memorial of the parish of West Haven, by 
their agents Deliverance Pantcr and Ebenezer Towbridge of 
said parish, shewing this Assembly that said parish had lent 



1748.] OP CONNECTICUT. 375 

Samuel Weed of Derby (who now stands convicted of foro;ery 
and counterfeiting, &c by which he hath forfeited all his estate 
into the hands of this Colony) the sum of X142 18s. lOd. 
principal and interest, of the publick moneys in said parish 
improved for maintaining the gospel in said parisli, and shew- 
ing the great need said parish had of said moneys for the 
purpose aforesaid, and praying that they might receive the 
same out of the Colony treasury : Resolved by this Assembly, 
that tlie Treasurer of this Colony pay out of the Colony 
treasury the sum aforesaid, for the purpose before mentioned, 
taking receipt for the same. 

Upon the memorial of the President and Fellows of Yale 
College in New Haven : Ordered, that the sum of one lumdred 
and seven pounds three shillings in bills of credit on this 
Colony of tlie new tenour be allowed and paid out of the 
Colony treasury to the said president and fellows for tlie last 
half year, in lieu of what was granted by this Assembly in 
May, 1745. 

Upon the memorial of the inhabitants of the first society 
in Hebron, by their agents Benjamin Skinner and Joseph 
Phelps, setting forth that by an information lodged with the 
clerk of said society, by proper authority the Revi. Mr. Benja- 
min Puraroy was deprived of the benefit of the laws of this 
Colony made for the support of the gospel ministry ; the said 
agents now informing this Assembly that the said Mr. Pum- 
roy hath of late conformed to the laws of this Colony, and 
performed his ministerial office to the great satisfaction of 
said inhabitants, and praying that the said Mr. Pumroy may 
for the future have the benefit of said laws : Resolyed by this 
Assembly, that the information aforesaid shall be given uj) to 
the committee of said society, and all rates that hereafter 
shall be granted shall be collected in the method by law pre- 
scribed, as though no such information had ever been given. 

Upon the memorial of the inhabitants of Wellington, where 
in said inhabitants by their agent have moved to this Assem- 
bly to tax or assess all the lands lying in Wellington for the 
support of the gospel: It is resolved, that all tlie land lying 
in Wellington be taxed at one penny per acre annually for 
the space of four years, new tenour, and that the selectmen of 
Wellington be iu) powered annually to tax or assess the same 
for the space of four years next after the date hereof. And 
it is further resolved, that the money be improved for the sup- 
port of the gospel in said town, and the collectors chosen 
within said town collect the same. 

Upon the memorial of the inhabitants of the first society in 



376 PUBLIC RECORDS [May, 

Norwich, by their agent El)enezer Backus, praying for a com- 
mittee to affix and ascertain a place for the building a meet- 
ing-house &c. : Resolved l)y this Assembly, that Major Samuel 
Coit, Messrs. Jeremiah Chaj^man jun'", and Mr. Luke Perkins, 
1)6, and they are hereby appointed, a committee to repair to 
the first society in said Norwich and, first notifying all parties, 
they are to view the circumstances of said society and affix a 
place for the building a meeting-house for publick worship in 
said society where they shall judge most suitable and conveni- 
ent for said inhabitants, and make their report to this Assem- 
bly. 

Upon the memorial of John Finch, administrator oji the 
estate of John Finch, late of Standford, deceased, shewing to 
this Assembly that the debts due from said estate surmount 
the moveable or personal estate of the said deceased the sum 
of .£675 OS. Od. of the old currency, praying liberty of this 
Assembly to sell so much of the real estate of the said deceas- 
ed as will answer said debts: Resolved by this Assembly, that 
the memorialists have liberty to sell so much of the real estate 
of the said John Finch, deceased, as may be sufficient to 
answer the debts due from the said estate of £075 os. Od. 
old currency; and the said memorialist is hereby substituted 
and imi)owered to sell so much of the real estate of the said 
deceased as will answer the sum aforesaid with the necessary 
charges arising thereon, taking the direction of the court of 
probate for the district of Standford therein. 

On the memorial of John Bulklcy, Esq% (appointed by this 
Assembly to recover certain fire-arms belonging to this gov- 
ernment, formerly delivered to James Harriss of New Lon- 
don,) representing that said Harriss proposes to make pay- 
ment for so many of said arms as he is not able to return, 
and moving for direction how much to receive of said Harriss 
for each of said arms that shall not he returned as aforesaid: 
This Assemldy do direct the said John Bulkley to accept of 
and receive of the said James Harriss the sum of eleven 
pounds old tenour for each of the said fire-arms put into his 
hands as aforesaid that he shall not return to the said John 
Bulkley, Esq"", or his order. 

[457] Upon the memorial of Stephen Todd and Merriman 
Munson, both of Wallingford, shewing that on the 31st of 
August, 1743. they purchasorl of Joseph Dolittle about forty- 
eight acres of land situate in Wallingford aforesaid, bounded 
westerly on Muddy River, southerly on said Munson's land in 
part and in part on said Todd's land, and northerly on high- 
way, and that said land was then under mortgage to the 



1748.] OF CONNECTICUT. 377 

Governor and Company for tbi& Colony for the sum of £50 
Os. Od. new tenour bills of credit, and that the time of re- 
demption limited in said mortgage is now expired; shewing 
also that they were to pay the redemption of said mortgage, 
and thereupon praying for a release of the said mortgaged 
premises to the memorialists, assignees of the said Dolittle : 
Resolved by this Assembly, that on condition the said memo- 
rialists, within two months from the rising of this Assembly, 
do pay into the publick treasury the principal sum for which 
said lands were mortgaged, with the interest thereof to the 
time of payment, together with the sum of five pounds more 
in new tenour bills of credit for all other costs, the said mort- 
gaged premises shall be released to the memorialists in usual 
form by the committee appointed for such purpose. 

Ordered hy this Assembly, That the Treasurer of this 
Colony pay out of the publick treasury unto Agur Tomlinson 
of Derby, one of the constables of Derby, for his service in 
taking and keeping the persons concerned in counterfeiting 
bills of credit of this Colony, the sum of thirty pounds in old 
tenour bills of credit; and to Samuel Plumb, another. constable 
of said Derby, for the like service, the sum of thirteen pounds 
three shillings in bills of the old tenour; and to Samuel Riggs, 
Esq'', for assisting in the affair, &c., the sum of four pounds 
and one shilling. 

Upon the memorial of the inhabitants of the parish of 
Marlborough in the county of Hartford, shewing to this As- 
sembly that they belong some to the 6th and some to the 12th 
regiments in this Colony, and that they are under great diffi- 
culties in attending military exercises in the companies to 
which they belong, and praying to be formed into an entire 
military company, &c. : Resolved by this Assembly, that the 
inhabitants in said parish of Marlborough shall be included 
within the limits of the 12th regiment in this Colony, and that 
by the chief officer of said regiment they may be formed into 
one intire military company, and by him, or such person as he 
shall appoint, be led to the choice of a captain, lieutenant and 
ensign, at such time and place in said parish as he shall think 
proper; and make return of the said choice to the General As- 
sembly to be liolden at New Haven in October next. 

Upon the report of Messrs. James Church, Thomas Pitkin 
and Jonathan Hills, who were appointed a committee by this 
Assembly in October last to view the circumstances of the first 
society in Hebron, in order to the setting off a new society on 
the northwest part of the town of Hebron, representing that in 
pursuance of such appointment they did, on the 9th and 10th 
48 



378 PUBLIC RECORDS [May, 

days of November last, (having first notified all parties con- 
cerned,) proceed to view the circumstances of said first society, 
and reporting their opinion thereon that it may be for the 
general benefit of the inhabitants of said first society that^ 
distinct ecclesiastical society be set off therefrom on the said 
northwest part of said town, {viz:} the west bounds thereof to 
be the west bounds of the said township of Hebron from the 
northwest corner of said town till it come southward to the 
parish of Marlborough, and tbence extending southward by 
said parish till it comes to the liighway which leads from the 
house where Mr. William Buel now dwells to the place where 
the old meeting-house lately stood, and from thence extending 
eastward to the place where said highway or road turns north- 
easterly, and from the turn of that road to the west of Joseph 
Allen's house, so as to include it or leave it within the said 
first society, and from said Allen's house to the north side of 
Mr. John Phelps's house and homelot in the said first society, 
thence extending eastward across the country road to Mr. 
Samuel Gilbert's house, including said house in the said new 
society, and from said Gilbert's house to the house where Wm. 
Peters then dwelt, now the house of Caleb Chappel, including 
the said Chappel's house and farm in said new society, and 
from the east side of the said Chappel his house northward to 
the bounds of the parish called Andover, and from thence ex- 
tending westward and then northward by tlie bounds of the 
said parish of Andover to Bolton bounds, and from thence by 
Bolton bounds till it extend to Glassenbury bounds : Resolved 
by this Assembly, that the aforesaid report of the said com- 
mittee be accepted and approved ; and all the inhabitants liv- 
ing within the aforesaid bounds on the northwest part of said 
Hebron are hereby made and declared to be for the future one 
distinct ecclesiastical society or parish, by the name of Gilead, 
invested with powers and privileges as other such societies in 
this Colony are. 

[458] Upon the memorial of Thomas Chipman, agent for 
the inhabitants of Salisbury, representing that the place ascer- 
tained for the building a meeting-house in said town, by a 
committee by this Assembly appointed for that purpose, is not 
so convenient as another place where the said committee set 
up another stake at or near the corner of Mr. Joseph Lee's 
homelot, and praying that the said place at or near the corner 
of said Mr. Lee's homelot may be affixed and ascertained for 
the place to build a meeting-house, and that the doings of 
said committee may be set aside, &c. : Resolved by this As- 
sembly, that the doings of said committee be set aside, and 



1718.] OP CONNECTICUT. 379 

they are hereby set aside and made void ; and the aforesaid 
place where the said committee did set up a stake at or near 
the corner of Mr. Joseph Lee's homelot shall be the place for 
building a meeting-house for publick worship in said town, and 
the sills of said meeting-house shall inclose the said stake. 

Upon the memorial of Benjamin Lee, representing that he 
was appointed one of the captains of the regiment raised for 
the expedition to Canada, and that he has been exposed to 
pay the billeting of his souldiers from the 4th to the 15th of 
November, 1746, for which he has had no pay, and praying 
for allowance, &c.: Resolved by this Assembly, that the com- 
mittee of the pay table be, and they are hereby, directed to 
allow and draw an order upon the Treasurer to pay to the 
memorialist for the billeting of said souldiers from the 4th to 
the 15th of November aforesaid, being ten days. 

Upon the memorial of Ebenezer Leach, agent for the in- 
habitants of the parish of Andover, representing that some 
part of said parish lieth within the limits of the fifth and 
some parts of it within the limits of the 12th regiment in this 
Colony, praying to be annexed to some one of tlie said regi- 
ments : Resolved by this Assembly, that all the inhabitants 
obliged by law to bear arms living within the aforesaid parish 
of Andover be annexed, and they are hereby annexed, to the 
12th regiment in this Colony. 

Upon the memorial of Philip Pond and Abigail Pond, ad- 
ministrators of the estate of Josiali Pond, late of Branford, 
deceased, shewing to this Assembly that the debts due from 
said estate and charges of administration surmount the per- 
sonal estate of said deceased the sum of .£231 7s. Sd., ijiclud- 
ing X134 18s. 2d. for the payment of which the said adminis- 
trators obtained liberty to sell land at the Assembly in October 
last, and for which no land has yet been sold, and now pray- 
ing for liberty to sell so much of the lands of said deceased 
as may enable the said administrators to pay the said sum of 
X231 7s. Sd.: This Assembly grants liberty and full power to 
the said administrators to sell so much of the lands of the 
said deceased as may enable them to pay the said sum of 
£231 7s. 8c?, with the necessary charges arising about the 
same ; taking the advice of the court of probate for the dis- 
trict of Guilford therein. 

Upon the memorial of Joshua Brainerd, Joshua Luther and 
Moses Rowley, all of the parish of Midlehaddam, represent- 
ing that they live on a tract of land in the east corner of said 
society or parish, at a great distance from the place of pub- 
lick worship in said parish, and praying that they and tlieir 



380 PUBLIC RECORDS [May, 

families may be annexed to the parish of East Haddam, where 
they may better attend the piiblick worship, &c.: Resolved by 
this Assembly, that the memorialists and their families be, and 
they are hereby, annexed to the parish of East Haddam afore- 
said, and they are excused and exempted from all charges and 
taxes in the said parish of Midleliaddam for the future. 

Upon the memorial of the inhabitants of Cornwell, by their 
agent George Holloway, Esq^, praying for a patent of the said 
township of Cornwall, &c. : Resolved by this Assembly, that 
his Honour the Governor and tlie Secretary of this Colony be 
impowcred, and they are heieby impowcred and desired, to 
execute a patent of said township to said inliabitants as prayed 
for, according to a draft now presented to this Assembly. 

Upon the memorial of Jabez Hide, and others of the west 
society in Norwich, representing sundry differences, disorders 
and mucli contention, to have been and still to be there sub- 
sisting, respecting their minister, <fec., and that they, the said 
society, have, at tlieir meeting holden on the 13th of October 
last, by a very small majority voted and declared, among other 
things, that they will no longer have the Reverend Mr. Wills 
to be their minister, &c., and praying relief in the premises, 
and especially that the said votes of said society on said 13th 
of October be set aside, &c.: Resolved by this Assembly, that 
all the votes of the said society on said 13th of October made 
and passed be set aside, and the same are hereby set aside and 
declared to be null and void ; and that Colo. Jonathan Trumble, 
Esq"", do, in some convenient time, issue forth a suitable pre- 
[459] cept, directed to some meet person in said || society, 
him directing to warn all the inhabitants of said society, on a 
day in and by said precept to be mentioned, to convene in said 
society, then and there to choose all needful society officers, 
and also to act and do what may then be thought necessary 
touching the said Mr. Wills's past or future salary and sup- 
port ; also that said Colo. Trumble also repair to said society 
on the day appointed for such meeting, and attend the same 
in the quality of a moderator ; and all at the proper cost of 
said society. 

Upon the memorial of Cornelius Brown, of Norfolk, pray- 
ing to this Assembly that he miglit have two hundred acres 
of land set out to him in said town in severalty, being part of 
a purchase of land made originally by Timothy Horsford, 
lately of Litchfield in said county, of a certain committee ap- 
pointed by this Assembly to sell the lands in the aforesaid 
town of Norfolk : It is considered and granted, that the me- 
morialist may have two fifty acre lots laid out in said town, 



1748.] OP CONNECTICUT. 381 

not exceeding- half a mile in length, one including his present 
improvements and buildings, the other fifty acres to be in 
some convenient place as he shall choose, and that the same 
be, at his cost, by one of the surveyors of the county of Hart- 
ford measured and bounded out to him, and return thereof 
made to this Assembly at their sessions in October next. 

Upon the memorial of George Holloway, agent for the in- 
habitants of Cornwal, representing their difficulties in regard 
to the charges for finishing their meeting-house, which yet 
remains to be done, and praying for a land tax, &c. : Resolved 
by this Assembly, that a tax of four pence per acre old tenour 
bills be laid, and it is hereby laid and assessed, on three hund- 
red acres first laid out on each private right in said town, for 
the space of three years annually, to commence next after the 
rising of this Assembly, to be collected and improved for the 
finishing of the meeting-house in said town of Cornwall. 

Upon the memorial of Joseph Sanford, of the parish of 
Reading, agent for the Presbyterian society in said parish, 
praying for a committee to ascertain and fix a place for the 
building a meeting-house for divine worship in said society, 
&c. : Resolved by this Assembly, that Capt. Thomas Tousey 
of Newtown, Mr. Tho^ Benedict and Capt. Josiah Starr, of 
Danbury, be a committee to repair to said society, notify and 
hear the parties, view their circumstances, and affix the place 
whereon said meeting-house shall be built, and make report 
to this Assembly at New Haven in October next. 

Upon the report of Joseph Strong, John Phelps and Zepha- 
niah Swift, a committee appointed to affix a place for a meet- 
ing-house for the secojid society in Lebanon, who have re- 
ported that they have fixed a stake at a certain place on a 
small knowl about ten rods near south from their old meet- 
ing-house, which they have set for a place for said society to 
build a meeting-house, the sills of said house to compass the 
said stake : Resolved by this Assembly, that said place be the 
place whereon to build said meeting-house. 

Upon the report of Messrs. Luke Perkins, Samuel Coit and 
Jeremiah Chapman, jun"", shewing that pursuant to the ap- 
pointment of this Assembly they have proceeded to view the 
circumstances of the first society in Norwich, and having first 
notified all parties they have affixed a place for the building 
a meeting-house in said society where the old meeting-house 
now stands, &c. : Resolved by this Assembly, that the afore- 
said report be accepted and approved, and the said place where 
the said old meeting-house now stands shall be, and the same 
is hereby, affixed and ascertained to be the place for the build- 



382 PUBLIC RECORDS [May, 

ing said meeting-house, the centre of the same to be where 
the centre of the said old meeting-house now is. 

Upon the memorial of Nathaniel Wales, of Midletown, 
shewing to this Assembly that about a month since he had 
the house wherein he dwelt consumed by fire, and all his 
books and accounts consumed thereby ; praying some proper 
person may be appointed to take cognizance of the matters 
of his accounts, and act so as to secure said memorialist in his 
just dues which belonged to him thereby: This Assembly do 
appoint and impower Jabez Hamlin, Elihu Chauncey and 
Giles Hall, Esq*", to be commissioners to take cognizance of 
[460] all matters respecting said book accounts, || and en- 
quire of the parties upon oath, and other witnesses and evi- 
dences as they shall think proper, as a court of chancery 
might do, and accordingly judge for the said Wales what 
shall appear to be due upon said accounts consumed as afore- 
said, and also to award either party cost, as is allowed by law 
in other processes in county courts, and to grant out execu- 
tion on their said judgments, directing the same to some 
proper officer or officers to levy and serve, as any other execu- 
tive courts in this Colony by law may do ; and that executions 
signed by any one of said commissioners shall be authentick 
for the purpose aforesaid. And the said commissioners are 
hereby authorized and impowered to call before them, in the 
business and matters aforesaid, by summons or attachment, 
as any of the county or superior courts by law may do, and 
to command and retain any sheriff, deputy-sheriff or consta- 
ble, to attend and execute as the said county or superior 
courts may or can order and command ; and all sheriffs, de- 
puty-sheriffs and constables are to yield»their obedience accord- 
ingly- 

This Assembly grants to the Honourable Jonathan Law, 
Esq"", Governor, the sum of one hundred and thirty pounds 
in new tenour bills of publick cr. dit, for his first half year's 
salary the current year. 

This Assembly grants Eliakim Palmer, Esq% our Agent at 
Great Britain, the sum of four hundred pounds in old tenour 
bills of publick credit, for his salary the current year. 

Resolved, That the several petitions, memorials, reports of 
committees, now lying on the files of this Assembly and not 
acted upon and determined, be continued, and the same are 
hereby continued to the sessions of this Assembly to be holden 
at New Haven in October next. 

Whereas this Assembly is drawn out to such a length that 
all the members cannot conveniently attend to hear the rec- 



1748.] OF CONNECTICUT. 383 

ords read: This Assembly appoints Nathaniel Stanley, Wm. 
Pitkin, John Chester, Esqfs, Colo. Thomas Welles, Colo. Jo- 
seph Pitkin and Mr. Joseph Buckingham, to hear the records 
of the doings of this Assembly read off, and see them signed 
by the Secretary as perfect and compleat. 

The several Acts, Grants and Orders of this Assembly, as 
they stand entered and recorded in the pages of this book 
next preceding, were read off in the presence of the commit- 
tee abovennmed, (except Wra. Pitkin, Esq"",) and signed as 
compleat. 

George Wyllys, Secret'y. 



[461] Anno Regni Regis Geargii secundi vigessimo-secimdo. 
At a General Assembly holden at New Haven in his 
Majesty's Colony of Connecticut in New England in 
America, on the second Thursday of October, (being 

THE 13th day op said MONTH,) ANNOQUE DOMINI 1748, 

and CONTINQED by SEVERAL ADJOURNMENTS UNTIL THE 28tH 

DAY OF THE SAME MONTH. 

Present : 

The Honourable Jonathan Law, Esquire, Governor. 

The Honbie Roger Wolcott, Esqf, Deputy Governor. 
James Wadsworth, Ebenezer Silliman, 
Nath' Stanly, Jonathan Trumble, 

Samuel Lynde, Hezekiah Huntington. . ,-, < • ^ . 

William Pitkin, John Bulkley, "^"^sq^s, Assistants. 

Thomas Fitch, Andrew Burr, j 

Roger Newton, John Chester, j 

Representatives or Deputies that atteyided at the Assembly are 
as follow^ viz : 

Colo. Joseph Pitkin, Mr. Joseph Buckingham, for Hartford. 

Mr. Jeremiah Chapman, Mr. Jeremiah Miller, for New London. 

Colo. Jabez Huntington, Capt. Eleazer Carey, for Windham. 

Colo. William Preston, Mr. Noah Hinman, for Woodbury. 

Capt. Joseph Phelps, Capt. William Buel, for Hebron. 

Mr. Nathan Baldwin, Capt. Joseph Treat, for Milford. 

Colo. Thomas Wells, Capt. Jonathan Hale, for Glassenbury. 

Colo. Elisha Williams, Capt. Jonathan Bobbins, for Weath- 
ersfield. 

Mr. Phinehas Strong, Mr. Silas Long, for Coventry. 

Capt. Timothy Hopkins, Capt. Daniel Southmaid, for Water- 
bury. 

Mr. John Humphrey, Capt. James Case, for Symsbury. 



384 PUBLIC RECORDS [October, 

Mr. Solomon Tracey, Mr. Stephen Frost, for Canterbury. 

Mr. John Crarey, Mr. Ezekiel Pierce, for Plainfield. 

Mr. Ebenezer West, Capt. James Fitch, for Lebanon. 

Capt. Isaac Dickcrman, Capt. Samuel Sherman, for New Haven. 

Capt. John Read, Capt. Samuel Burr, for Fairfield. 

Mr. Ebenezer Backus, Mr. Isaac Tracey, for Norwich. 

Colo. Jonathan Hoit, Mr. Abraham Davenport, for Standford. 

Capt. James Becbe, Mr. Thomas Benedict, for Danbury. 

Mr. Mathew Rockwell, Capt. Samuel Enno, for Windsor. 

Mr. Joseph Hooker, Mr. Timothy Porter, for Farmington. 

Capt. Elnathan Stephens, Capt. Isaac Kelsey,for Killingsworth. 

Mr. Joseph Denison, Mr. Nehemiah Palmer, for Stoningtown. 

Mr. Samuel Morgan, Mr. Elijah Belcher, for Preston. 

Mr. James Hind, Mr. Paul Welch, for New Milford. 

Mr. Ambrose Wliittelsey, Capt. Jedadiah Chapman, for Say- 
brook. 

Colo. Shubael Conant, Capt. William Williams, for Mansfield. 

Capt. Robert Dixson, Mr. John Smith, for Voluntown. 

[462] Mr. Ebenezer Holbrook, Mr. John Williams, for Pom- 
frett. 

Colo. Hezh Sabin, Mr. Boaz Stearns, for Killingly. 

Capt. Nath. Harrison, Mr-. Jonath. Russell, for Brandford. 

Colo. Samuel Hill, Capt. Timothy Stone, for Guilford. 

Major Jabez Hamlin, Mr. Seth Wetmore, for Midletovvn. 

Mr. James Bicknal, Mr. Benjamin Walker, for Ashford. 

Colo. Benja. Hall, Mr. Gideon Ives, for Wallingford. 

Capt. John Mead, for Greenwich. 

Major Elihu Chauncuy, Mr. James Wadsworth jun"", for Dur- 
ham. 

Capt. Joseph Bird, Major Ebenezer Marsh, for Litchfield. 

Capt. Charles Bulkley, Mr. John Day, for Colchester. 

Major James Lockwood, Mr. Joseph Piatt, for Norwalk. 

Capt. Moses Hawkins, Mr. Abel Gun, for Derby. 

Colo. Christopher Avery, Mr. Ebenezer Avery jun^, for 
Groton. 

Mr. Zebulon West, Mr. John Lothrop, for Tolland. 

Capt. Elisha Shelden, Capt. Mathew Griswold, for Lyme. 

Mr. James Cone, for East Haddam. 

Mr. Plezh. Brainerd, for Haddam. 

Mr. Theophilus Nickols, Mr. Samuel Addams, for Stratford. 

Mr. James Benedict, Mr. Samuel Olmstead, for Ridgfield. 

Mr. Henry Glover, Mr. Heth Peck, for Newtown. 

Colo. Thomas Wells, Speaker, | of the House of 

Mr. Jeremiah Chapman jun^.. Clerk, ( Representatives. 
The several members of this Assembly who had not taken 



1748.] OP CONNECTICUT. 385 

the oatlis provided by act of Parliament instead of the oatlis 
of allegiance and supremacy, now took the said oaths and 
likewise the oath of abjuration, and made the declaration 
against popery. 

Resolved hy this Assembly, That they will now proceed to 
the choice of a Deputy Governor, as an Assembly.* 

This Assembly do appoint the Hon^ie Roger Wolcott, Esq"", 
to be Deputy Governor until the election in May next, and 
was sworn according to law by his Honour the Governor in 
the presence of the Assembly, 

This Assembly do establish and confirm Mr. Samuel Stur- 
giss to be Captain of the 2d company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. James Smcdley 
to be Lieutenant of the 2d company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Nathaniel Burr 
jun"" to be Ensign of the 2d company or trainband in the town 
of Fairfield, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Ebenezer Clark 
to be Captain of the 17tli company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Jonathan Al- 
verd to be Lieutenant of the 17th company or trainband in the 
6th regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. James John- 
son to be Ensign of the 17th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Elias Betts to 
be Lieutenant of the company or trainband in the parish of 
Wilton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Stew- 

* There having been no choice of a Deputy Governor by the freemen, in Miiy, 
the Lower House resolved that application be made to his Honor the Govenior 
for the assembling of both houses together in order to an election. This was 
dissented to in the Upper House, which insisted that the election should be by 
concurrence, and that house elected Roger Wolcott Deputy Governor. As the 
two houses could not agree upon the mode of election by the Assembly, the 
Upjier House passed a bill for a special election to be held by the freemen on the 
third Tuesday of June then next, with which the Lower House non-concurred. In 
October, the resolve to proceed to the choice of a Deputy Governor as an Assem- 
bly originated in the Lower House, and the election was first made there. Qivil 
Officers Sfc, III. 140—148, 166, 167, 

49 



386 PUBLIC RECORDS [October, 

art junr, to be Ensign of the company or trainband in the 
parisli of Wilton, and order that he be commissioned ac- 
cordingly. 

[463] An Act appointing a Court of Probate in the County of New Lon- 
don, and for limiting the District thereoi. 

Be it enacted hy the Governor^ Council and Representatives, in 
General Court assembled, and hy the authority of the same, 
That the towns of Norwich and Preston, both in the county 
of New London, be one entire district for holding a court of 
probate, and shall be known by the name of the District of 
Norwich ; and said court shall be held by one judge and clerk, 
with powers and privileges that the other courts of probate in 
this Colony have ; and in all cases where the law allows of 
appeals they shall be made to the superior courts holden in 
the county of New London ; and that all the business that is 
now entered in the court of probate in New London shall be 
finished in said court. 

His Honour the Governor of this Colony having laid before 
this Assembly a letter from his Grace the Duke of Bedford, 
one of his Majesties principal Secretaries of State, dated 
Whitehall, 9th August, 1748, directed to the Governor and 
Company of this Colony, and therewith a proclamation of 
their Excellencies the Lords Justices declaring a cessation of 
hostilities against his Catholick Majesty and the Republick of 
Genoa and their subjects as well by sea as land, given at White- 
hall the fourth day of August, 1748, with directions to cause 
the same to be published in all proper places in this govern- 
ment : Resolved by this Assembly, that the said proclamation 
be forthwith published in the respective counties of Hartford, 
New Haven, New London, Fairfield, and Windham ; and in 
order thereto, the Secretary of this Colony is hereby directed 
to send attested copies of the said proclamation and of this 
resolve to the several sheriffs of the respective counties afore- 
said, who are hereby ordered and required, on receipt thereof, 
forthwith to publish the said proclamation in their respective 
counties, to the end that all his Majesties subjects therein may 
pay due obedience and strictly conform themselves thereto. 

On the memorial of the President and Fellows of Yale Col- 
lege in New Haven : Ordered, that the sum of one hundred 
and seven pounds three shillings in bills of credit on this 
Colony of the new tenour be allowed and paid out of the pub- 
lick treasury to the said president and fellows, for the first 
half of the current year, in lieu of what was granted them by 
this Assembly in May, 1745. 

Whereas there is an addition of the sum of X1293 17s. 2>d. 
to the list of Milford, directed to the Assembly in May, 1748, 



1748.] OP CONNECTICUT. 38? 

now laid before this Assembly, as also an information that it 
was through an omission in a person to whom the listers gave 
it to carry to said Assembly: Whereupon it is received, and 
the Secretary is hereby directed to give an account thereof 
unto the Treasurer of this Colony, that he may require the 
rate arising thereupon of the constable of said town with the 
rate for the year 1747. 

This Assembly do establish and confirm Mr. Bazalccl 
Brainerd to be Captain of the south company or trainband in 
the town of East Haddam, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Charles Dewey 
to be Lieutenant of the south company or trainband in the 
town of Hebron, and order that he be commisioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Filer 
to be Ensign of the south company or trainband in the town 
of Hebron, and order that he be commissioned accordingly. 

Tliis Assembly do establish and confirm Mr. Elisha Andrews 
to be Captain of the 12th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

Tbis Assembly do establish and confirm Mr. David Hubbard 
jun^ to be 'Lieutenant of the 12th company or trainband in 
the 6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. William Wat- 
kins to be Captain of the 12th company or trainband in the 
otli regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Edward Mercy 
to be Lieutenant of the 12th company or trainband in the 5th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

[464] This Assembly do establish and confirm Mr. John 
Parry to be Ensign of the 12th company or trainband in the 
6th regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Rust 
to be Captain of the 9th company or trainband in the 5th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Eliphalet Car- 
penter to be Lieutenant of the 9th company or trainband in 



388 PUBLIC RECORDS [Octobcr, 

the 5th regiment in this Colony, and order that he be com- 
missioned accordingly. 

This Assembly do establish and confirm Mr. Samuel Buck- 
ingham to be Captain of the 1st company or trainband in the 
town of Milford, and order that he be commissioned accord- 
ingly. 

Tliis Assembly do establish and confirm Mr. Thomas Clark 
to be Lieutenant of the 1st company or trainband in the town 
of Milford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Joseph Wood- 
ruff to be Ensign of the 1st company or trainband in the town 
of Milford, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Silas Whipple 
to be Ensign of the otli company or trainband in the 3d regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr, James Brew- 
ster to be Lieutenant of the troop of horse in the 5th regiment 
in this Colony, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. James Lazell 
to be Cornet of the troop of horse in the 5th regiment in this 
Colony, and order that he be commissioned accordingly. 

This Asseml)ly do establish and confirm Mr. John Howard 
to be Quarter-Master of the troop of horse in the 5th regiment 
in this Colony, and order that he be commissioned accord- 
ingly. 

Tiiis Assembly do establish and confirm Mr. William Buel 
to be Captain of the company or trainband in the parish of 
Marlborough, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. David Dick- 
ingson to be Lieutenant of the company or trainband in the 
parish of Marlborough, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Samuel Buel 
to be Ensign of the company or trainband in the parish of 
Marlborougli, and order tbat lie be commissioned accordingly. 

This Assembly do establish and confirm Mr. Jared Lee to 
be Captain of the 2d company or trainband in the parisli of 
Southington, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Eldad Lewiss 
to be Lieutenant of the 2d company or trainband in the parish 
of Southington, and order that he be commissioned accord- 
ingly. 



1748.] OP CONNECTICUT. 389 

This Assembly do establish and confirm Mr. Howkins Harfc 
to be Ensign of the 2d company or trainband in the parish 
of Southington, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. Robert Wells 
to be Captain of the lOtli company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. David Wright 
to be Lieutenant of the 10th company or trainband in the 6th 
regiment in this Colony, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. Eliphalet Whit- 
telsey to be Ensign of the 10th company or trainband in the 
6tli regiment in this Colony, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Ebenczer 
Avery to be Lieutenant of the 1st company or trainband in 
the town of Groton, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Jabez Smith 
to [be] Ensign of the 1st company or trainband in the town 
of Groton, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. Caleb Loomiss 
to be Ensign of the company or trainband in the parish of 
West Chester, and order that he be commissioned accordingly. 

[465] This Assembly do establish and confirm Mr. Josepli 
Kingsbury junr, to be Captain of the 7th company or train- 
band in the town of Norwich, and order that he be commis- 
sioned accordingly. 

This Assembly do establish and confirm Mr. Benajah Sabin 
to be Lieutenant of the Tth company or trainband in the town 
of Norwich, and order that he be commissioned accordingly. 

This Assembly do establish and confirm Mr. William 
Hoadly, jun"", to be "Captain of the 1st company or trainband 
in the town of Brandfurd, and order that he be commissioned 
accordingly. 

This Assembly do establish and confirm Mr. John Russell 
jun"", to be Lieutenant of the 1st company or trainband in the 
town of Brandford, and order that he be commissioned accord- 
ingly. 

Tiiis Assembly do establish and confirm Mr. Joseph St. John 
to be Captain of the 1st company or trainband in the town of 
Norwalk, and order that he be commissioned accordingly. 



390 PUBLIC RECORDa [October, 

This Assembly do establish and confirm Mr. Abraham Clark 
to be Ensign of tlie first company or trainband in the parish 
of Southington, and order that he be commissioned accord- 
ingly. 

This Assembly do establish and confirm Mr. James Hale to 
be Captain of the 5th company or trainband in the 5th regi- 
ment in this Colony, and order that he be commissioned ac- 
cordingly. 

This Assembly do establish and confirm Mr. Ebenezer Peck 
to be Lieutenant of the 5th company or trainband in the 5th 
regiment in this Colony, and order that he be commissio